Belonging to another s5

Question 1

which section number does belonging to another fall within

Answer 1

s5

Question 2

Ownership of the stolen item is not necessary, what may be sufficient

Answer 2

possession or control
e.g. L borrows a book from a library which F then steals, this can be appropriation despite the property not belonging to L

Question 3

What can belonging to another also refer to

Answer 3

another person than the owner

Question 4

What is joint ownership

Answer 4

Just because D owns property with V this does not mean he is incapable of stealing it e.g. in a solicitors firm could steal despite being a partner

Question 5

Why is it that theft can occur when you have a joint ownership in it

Answer 5

because someone else has a proprietary interest

Question 6

Case showing joint ownership

Answer 6

R v Webester: got sent an incorrect army medal which he then went onto sell on ebay as the Ministry of Defence still had a proprietary interest in the property

Question 7

case showing the owners can steal their own property

Answer 7

R V Turner:
took car to the garage to be repaired, he then drove off without paying, liable for stealing his own car because the garage had possession of the car at the time

Question 8

Case showing the lost items are still the property of the loser

Answer 8

Rostrom and Collinson:
D collected golf balls from a lake, as good trade in lake balls, argued that balls had been abandoned however the CA said that the lost balls belonged to the gold club

Question 9

What is the crucial detail in cases of lost items

Answer 9

whether the item was lost or it had been abandoned, if to had been abandoned then there is no theft

Question 10

what section number is property received for a particular person

Answer 10

s.5.3

Question 11

when can a person be convicted under s5.3.

Answer 11

where he has acquired the property if he was under an obligation to deal with t in a particular way- then the property will still be considered to belong to the other

Question 12

Case for s.5.3

Answer 12

Davidge V Bunnett

D shared a flat with others, who gave her cheques to pay the gas bills but she bought christmas presents with it

Question 13

Case which shows misappropriation is theft

Answer 13

R V Cullen

V sent D with £20 to buy food which he spent on something else

Question 14

Which section number is property obtained by another’s mistake

Answer 14

s.5.4

Question 15

Give an example situation of s.5.4.

Answer 15

Being overpaid wages and keeping the wages

Question 16

What is D expected to do when property is obtained by another’s mistake

Answer 16

A person who gain property by mistake is under an obligation to make restoration

Question 17

Case for s5.4

Answer 17

AG ref no 1 1983- policewoman overpaid wages

Question 18

Another case for s5.4

Answer 18

R V gilks- overpaid winnings by book makers, he kept overpaid amount and was convicted of theft

Question 19

The property must belong to another at the time of

Answer 19

dishonest appropriation

Question 20

For crim liability AR and MR should coincide therefore

Answer 20

the time when D dishonesty appropriates the property mist be at the same time the when the property belongs to another

Question 21

In contract law what happens when the property passes

Answer 21

it becomes irretrievable e.g. putting petrol in the tank when it is the tank and mixes with he other petrol

Question 22

Case when property was irretrievable

Answer 22

Edward V Ddin: d filled his tank with petrol and drove off

Question 23

In the situation of Edward V Ddin why could there be no theft

Answer 23

because at the time the property became irretrievable there was no dishonest appropriation, however if he had gone into the garage with the intention to not pay the he could be convicted of theft

Question 24

What is the important rule with property and if it actually belongs to another at the time of appropriation

Answer 24

establish the point at when he forms dishonest intent

Question 25

What new offence has been established to cover the loophole as seen in Edward V Ddin

Answer 25

“Taking off without payment” s.3 Theft Act