Appropriation s.3

Question 1

what is appropriation

Answer 1

any assumption by a person of the rights of the owner s3.1

Question 2

Define assumption

Answer 2

assuming the rights without being offered or given the rights

Question 3

Define rights

Answer 3

The right is usually that of possession but it doesn’t have to be possession

Question 4

Define the rights of the owner

Answer 4

this is not defined

Question 5

Which case stated in the HL that you only have to assume one of the rights of the owner and which case then confirmed it

Answer 5

R V Morris stated its and R V Gomez confirmed

Question 6

Case facts of R V Morris

Answer 6

switching labels of supermarket goods, intending to buy the goods at a lower price
Arressted before he got to the check out as there was an appropriation of the owner which was the right to determine price

Question 7

What happened re. courts and appeals in R V Morris

Answer 7

appealed on the basis there was no appropriation as he had not gone through the check out so he was not in possession
HL said it was enough for the prosecution to prove any of the rights of the owner for appropriation to have taken place

Question 8

Appropriation has become very wide and includes situations such as;
give a hypothetical situation regarding when a shopper would be appropriating

Answer 8

selling, using, destroying, touching, hiring out, consuming etc
By putting food in basket, but also picking food up and then putting it back down

Question 9

Following the rule every shopper would be appropriating but why would this not be theft

Answer 9

because no intention to permanently deprive and no dishonesty; all 5 elements of theft need to be covered

Question 10

Name the circumstances which are examples of where there is appropriation

Answer 10

1) Where D obtained possession legally
2) where d s not in the possession of property
3) where the owner consents to the actions of D
4) Appropriations of gifts s.3.2.
5) Appropriation as a continuing act theory

Question 11

What does appropriation normally mean

Answer 11

taking poisonous there and then but it can also occur after possession has been taken

Question 12

Given an example of appropriation after D has had possession

Answer 12

Alice offers to sell a book, which has been leant to her, Alice has legal possession of the book but appropriates it when she tries to sell it

Question 13

case for appropriation after possession

Answer 13

Pilgrim V Rice Smith; shop assistant who was in lawful possession of goods, appropriated them when she underpriced them and sold them to a friend

Question 14

Which case showed there could be appropriation despite not being in possession of the property

Answer 14

R V Pitham and Hehl;
asked to look after his friends house whilst he was in prison and sold some of his furniture; he had assumed the rights of the owner and the appropriation occurred when he made the offer to sell

Question 15

What does the theft act say regarding consent

Answer 15

The Theft Act does not say that appropriation has to be within the consent of the owner

Question 16

case re. consent and appropriation

Answer 16

R V Lawrence;
An Italian student with little english paid for a taxi £1 which was 55p, driver said this was not enough and the student allowed him to take a further £6 from his open wallet

Question 17

Principle coming from R V Lawrence

Answer 17

both CA and HL said there had been an appropriation

Question 18

What did the HL rule in R V Gomez re. consent

Answer 18

an act may bean appropriation even if it is done with the consent of the owner

Question 19

What dd Lord Lowry in R V Gomez argue

Answer 19

that such case should be dealt with as deception S15 Theft Act

Question 20

What is the issue with appropriation and gifts

Answer 20

is you are given gift is there any appropriation?

Question 21

What was the decision in R V mazo re. gifts

Answer 21

That a gift is valid according to civil law. If the donor was mentally competent, the donee has absolute title in the property and so there is not appropriation because the donee is already the owner.

Question 22

Case facts R v Mazo

Answer 22

Maid was convicted of theft for stealing large amounts of money, However it was decided there was no appropriation because the money was given as gifts and he had authorised the cashing of the checks, although his mental capacity had been weakened as he was 89 he was still mentally competent

Question 23

Where was the decision of Mazo not followed

Answer 23

R V hinks:
convicted of theft as he had accepted the gift of a 53 year old man who had low IQ, although he was still mentally competent
Judge at first instance directed the jury to convict

Question 24

What was the outcome of the appeal in Hinks

Answer 24

CA upheld the conviction but sent the case to HL on a point of general public importance; Could appropriation of a gift take place?
3:2 Majority ruled yes as the acquisition of a gift from a vulnerable and trusting person could be an appropriation

Question 25

What did R V Gomez suggest about continuing acts in Theft

Answer 25

Appropriation could not be a continuing act in theft

Question 26

Which case confirmed R V Gomez regarding continuous act theory

Answer 26

R V Atakpu & Abrahams which confirmed Gomez and stated that an appropriation that occurs at one point in time is not a continuous act

Question 27

case facts of Atakpu

Answer 27

Hired a car in Germany and then brought it back to the Uk and stopped at borders for theft. The appropriation took place in Germany and not in England and the continuing act theory does not apply so there could be no theft.
HL judgement indicated ‘D must be on the job’

Question 28

Which offences in no use of continuing act theory inconsistent with?

Answer 28

Battery -Fagan

and robbery