Belonging to Another

Question 1

In order for there to be a theft of a property, the property must….?

Answer 1

the property must belong to another?

Question 2

What section of the Theft Act gives a very wide deffiniton of what is meant by ‘belonging to another’?

Answer 2

section 5

Question 3

What is sufficient under section 5 of the Theft Act 1968 for property to ‘belong to another’?

Answer 3

someone who has possession, or control of the property or any proprietary interest in it is sufficient

Question 4

What is one reason for making ‘belonging to another’ so wide ranging?

Answer 4

so that the prosecution does not have to prove who iso the legal owner

Question 5

In what case was the owner of a car convicted of stealing his own car?

Answer 5

Turner

Question 6

What happened in the case of Turner?

Answer 6

D left his car to be fixed at a garage then took it at night using a spare key. COA held that as the garage was in possession of the car, D was guilty of theft

Question 7

D left his car to be fixed at a garage then took it at night using a spare key. COA held that as the garage was in possession of the car, D was guilty of theft
What case is this?

Answer 7

Turner

Question 8

What case demonstrates that it is possible for someone to be in possession or control of property even though they do not know it is there?

Answer 8

Woodman

Question 9

What happened in the case of Woodman?

Answer 9

A company sold scrap metal to another company. D stole some pieces of scrap metal left inside of the companies grounds. D was convicted of theft even though the company were unaware it was left.

Question 10

A company sold scrap metal to another company. D stole some pieces of scrap metal left inside of the companies grounds. D was convicted of theft.
What case is this?

Answer 10

Woodman

Question 11

What happened in the case of R v Basildon Magistrates Court?

Answer 11

D took items left outside of a charity shop. As the goods had been intended for the charity shop it was held that the the giver held possession of the goods until the delivery had been successful to the charity shop.

Question 12

D took items left outside of a charity shop. As the goods had been intended for the charity shop it was held that the the giver held possession of the goods until the delivery had been successful to the charity shop.
What case is this?

Answer 12

R v basildon Magistrates Court

Question 13

What is proprietary interest?

Answer 13

this is where the defendant owns property and is in possession and control of the property, but can still be guilty of stealing it if another person has a proprietary interest in it.

Question 14

Which case was the point of proprietary interest a key matter in?

Answer 14

Webster

Question 15

What happened in the case of Webster?

Answer 15

D was an army sergeant who had served in Iraq who was sent 2 medals by mistake. He sold one and was convicted for theft as the Ministry of Defence had an equitable interest in the medal, and thus a proprietary interest.

Question 16

D was an army sergeant who had served in Iraq who was sent 2 medals by mistake. He sold one and was convicted for theft as the Ministry of Defence had an equitable interest in the medal, and thus a proprietary interest.
What case is this?

Answer 16

Webster

Question 17

What does section 5 make clear in regards to proprietary interest?

Answer 17

that D can be guilty of theft even though the property may not ‘belong to another’ in situations where D is acting dishonestly and caused a loss to another

Question 18

In what 3 situations under section 5 can D be guilty f theft even though the property may not ‘belong to another’?

Answer 18

• trust property, where a trustee can steal it
• property received under an obligation
• property received by another’s mistake

Question 19

What is the situation where there is ‘property received under an obligation’?

Answer 19

this is where property is handed over to D on the basis that D will keep it for the owner or will deal with it in a particular way.

Question 20

What does subsection 5 (3) do?

Answer 20

this tries to make sure that there must be an obligation to retain and deal with the property handed over to D, on the basis they will deal with it in a particular way.

Question 21

What is an example of property received under an obligation?

Answer 21

where money is paid as a deposit to a business, the prosecution must prove that there was an obligation to retain and deal with those deposits in a particular way.

Question 22

What happened in the case of Hall which is an example of a case under property received under an obligation?

Answer 22

D was a travel agent and received despots from clients, but did not organise any tickets and unable to refund the money. Convicted of theft quashed as was under no obligation to deal with the deposits in a particular way.

Question 23

D was a travel agent and received despots from clients, but did not organise any tickets and unable to refund the money. Convicted of theft quashed as was under no obligation to deal with the deposits in a particular way.
What case is this?

Answer 23

Hall

Question 24

In what case under ‘property received under an obligation’ was there a clear obligation to deal with the deposits in a particular way?

Answer 24

Klineberg and Marsden

Question 25

What happened in the case of Klineberg and Marsden?

Answer 25

Ds operated a company. They were given £500,000 collectively from customers to pay to another company. Ds only paid £233 and were thus convicted of theft as they had not “retained and dealt” with the property in a particular way

Question 26

Ds operated a company. They were given £500,000 collectively from customers to pay to another company. Ds only paid £233 and were thus convicted of theft as they had not “retained and dealt” with the property in a particular way
What case is this?

Answer 26

Klineberg and Marsden

Question 27

What case reflects there there can be an obligation in a a less formal situation under ‘property received under an obligation’?

Answer 27

Davidge v Bunnett

Question 28

What happened in the case of Davidge v Bunnett?

Answer 28

D was given money by her flatmates to pay bills. D used this money to buy christmas presents. She was guilty of theft as she had a legal obligation to deal with the money in a particular way

Question 29

D was given money by her flatmates to pay bills. D used this money to buy christmas presents. She was guilty of theft as she had a legal obligation to deal with the money in a particular way
What case is this?

Answer 29

Davidge v Bunnett

Question 30

In Davidge v Bunnett how was the obligation clear?

Answer 30

as there was an intention to create legal obligations by taking the money to pay for the bills under contract law

Question 31

When could the principle that there was an obligation under Davidge v Bunnett not apply?

Answer 31

if the arrangement was between members of the same family as this would be considered as a domestic arranagement without the intention to create legal relations ,so would not be theft

Question 32

What does section 5 (4)provide regarding property received by a mistake?

Answer 32

it provides for situations where property has been handed over to D by another’s mistake and so has become Ds property. This section states that the property does ‘belong to another’ as D has an obligation to make restoration, an intention not to make restoration would thus be regarded as an intention to deprive that person of the property

Question 33

What case was section 5 (4) considered ?
it provides for situations where property has been handed over to D by another’s mistake and so has become Ds property. This section states that the property does ‘belong to another’ as D has an obligation to make restoration, an intention not to make restoration would thus be regarded as an intention to deprive that person of the property

Answer 33

Attorney-General’s Reference 1985

Question 34

What happened in the case of Attorney-General’s Reference 1985?

Answer 34

D was overpaid, D did not withdraw any of the money from her bank account. The trial judge directed the jury to acquit. Attorney General asked COA, it was held that It was possible for a theft conviction to arise where the defendant had not withdrawn the money. There was a legal obligation to return the money received by mistake.

Question 35

D was overpaid, D did not withdraw any of the money from her bank account. The trial judge directed the jury to acquit. Attorney General asked COA, it was held that It was possible for a theft conviction to arise where the defendant had not withdrawn the money. There was a legal obligation to return the money received by mistake.
What case is this?

Answer 35

Attorney General’s Reference 1985

Question 36

There must be a legal obligation to restore the property. In some situations there is no legal obligations to restore money, what case shows this?

Answer 36

Gilks

Question 37

What happened in the case of Gilks?

Answer 37

A bookmaker made a mistake and overpaid D on his bet on a horse race. D realised and did not return money. The only way D could be guilty of theft is if section 5(4) applied. It was held that betting transactions are not enforceable at law and so was not guilty.

it provides for situations where property has been handed over to D by another’s mistake and so has become Ds property. This section states that the property does ‘belong to another’ as D has an obligation to make restoration, an intention not to make restoration would thus be regarded as an intention to deprive that person of the property

Question 38

A bookmaker made a mistake and overpaid D on his bet on a horse race. D realised and did not return money. The only way D could be guilty of theft is if section 5(4) applied. It was held that betting transactions are not enforceable at law and so was not guilty.
What case is this?

Answer 38

Gilks