Chapter 14- Theft

Question 1

define theft from the section its from

Answer 1

Section ONE
they are guilty of theft if the dishonesty appropriates property belonging to another with the intention of permanently depriving the other of it

Question 2

list the sections 2-6 and what they cover

Answer 2

Section 2- dishonestly
Section 3-appropriates
Section 4- property
Section 5- belonging to another
Section 6- intention of permanently depriving another

Question 3

Which sections act as the actus reas

Answer 3

-S 3 appropriation
s 4 property
s 5- belonging to another

Question 4

state 3 rights that the owner has over their property-

Answer 4

-selling. it
-destroying it
-hiring it out
-lending it
-consuming it

Question 5

describe the case of R v Vinall and when did appropriation occur

Answer 5

The defendants saw some people with a bike and attacked them. one of them took the bike and abandoned it later.
Appropriation occurred either after taking the bike OR when they abandoned the bike

Question 6

List 3 types of items in property s 4

Answer 6

-Money
-personal property
-real property

Question 7

Describe the case of R v Woodman and which property was stolen

Answer 7

-A company had scrap metal that they were unaware of that remained and the defendant stole them. The stolen property was real propertyand fenced.

Question 8

what are the subsections for s 5

Answer 8

s5(2)- trust property
s5(3)-property received under an obligation
s5(4)-property received by another’s mistake

Question 9

Describe the case of R v Webster and state which subsection it is from

Answer 9

-An army sergeant received a duplicate medal by mistake and sold it as the duplicate still had huge value.
-s5(4)

Question 10

which sections act as Mens rea

Answer 10

-s2- dishonestly
s6-intention to permanently deprive the other person

Question 11

which behaviour is not considered dishonest in the section

Answer 11

-if they believe they have the right in law to take the property
-if they believe they would have gained consent from the owner
-if they believe the owner cannot be discovered by taking reasonable steps

Question 12

what does appropriation refer to

Answer 12

-This is the assumption by a person over the rights of an owner

Question 13

Describe the case of R v Small how was he not held for theft

Answer 13

-An old car was found by the defendant and he thought it was abandoned, he took it and fixed it. He honestly believed he had the legal right to take the car

Question 14

Describe the case of R v Barton and Booth and how they were dishonest

Answer 14

-Barton and booth took advantage of vulnerable elderly people in their nursing home. They showed dishonesty from the 2017 civil case

Question 15

weaknesses to the law relating to dishonesty

Answer 15

• the beliefs of the defendant must be proved objectively
• The views of the jury may be unclear and different

Question 16

describe the case R v Lloyd and how they were not able to prove permanent deprivation

Answer 16

The defendant made an illegal copy of a movie that the projectionist gave and however returned it back to its original state

Question 17

what are the sentencing years given by both the crown court and magistrate court

Answer 17

Crown- 7 years
Mag.- 6 months