(Crim) Property: Theft

Question 1

R v Morris (1983)

Answer 1

Appropriation:
D changed the price of the item in a supermarket. Placed it in his basket but was stopped before leaving the shop. D’s assumption of any right of the owner counts as an appropriation.

Question 2

Lawrence v Metropolitan Police Commissioner (1972)

Answer 2

Appropriation with consent:
Italian student got into a taxi. Journey should’ve cost 50p but the taxi driver took £6 out of the students wallet when he got out. HoL unanimously decided that this was theft.

Question 3

R v Hinks (2001)

Answer 3

Appropriation with consent:
D befriended a rich man of low intelligence. She convinced him to give her £300 a day. HoL said that it was appropriation.

Question 4

R v Kelly & Lindsay (1998)

Answer 4

Personal Property:
Lindsay was an artist who asked Kelly to steal body parts from her job. Both found guilty of theft even though body parts aren’t usually seen as property.

Question 5

Oxford v Moss (1979)

Answer 5

Things in Action:
A student took an exam paper, read the questions and returned it. D could not be charged with theft as intellectual property is not real property. Information cannot be stolen.

Question 6

R v Akbar (2002)

Answer 6

Things In Action:
Teacher gave her students exam papers and as it was the physical thing she was giving, she was charged with theft.

Question 7

R v Dyke & Munro (2002)

Answer 7

Belonging To Another:
D’s collected and kept money intended for charity. CoA quashed their convictions as they should have been charged with stealing from the charity not the people.

Question 8

R v Marshall, Coombes & Eren (1998)

Answer 8

Belonging To Another:
D’s took one-day London Underground tickets from people who didn’t need them anymore. They then sold them to other passengers for a reduced prince. CoA upheld conviction as tickets remained property of the underground.

Question 9

R v Rostron (2003)

Answer 9

Property Being Owned:
D retrieved golf balls from the lake of the golf course. Conviction was upheld. It is a question of fact whether the golf balls were abandoned or not.

Question 10

R v Turney (No. 2) (1971)

Answer 10

Person can steal their own property:
D took car to garage to get it fixed and then drove home without paying. He was found guilty of theft.

Question 11

Davidge v Bunnett (1984)

Answer 11

Who’s Property:
D was given money by her flatmates to pay the gas bill. She spent the money on Christmas gifts instead. D was guilty of theft.

Question 12

R v Wain (1995)

Answer 12

Who’s Property:
D raised money for charity. He was allowed to transfer it into his bank account to write a cheque. He spent the money. He was guilty of theft.

Question 13

Attorney-General’s Reference (No. 1 of 1983)

Answer 13

Acquired By Mistake:
D was overpaid by his employers. CoA decided she was legally obliged to return it.

Question 14

R v Gilks (1992)

Answer 14

Acquired By Mistake:
D placed a bet on a horse. His horse lost but a horse with a similar name won. He was mistakenly paid £106. No legal obligation for D to pay money back in a betting scenario.

Question 15

Ivey v Genting Casinos (2017)

Answer 15

Dishonesty:
Ivey won £7.7 million in poker. Casino refused to pay as he “Cheated” UKSC found in favour of Genting Casinos and did not pay Ivey.

Question 16

R v Barton & Booth (2020)

Answer 16

Dishonesty:
Care home owner exploited their relationship with elderly residents to obtain gifts. They were guilty of theft. Ivey test was correct.

Question 17

R v Velumuyl (1989)

Answer 17

Intention To Permanently Deprive:
D was manager of 2 car parks. He took some money from the safe to lend to a friend who returned the same amount. D was charged with theft as he was not going to replace the same money. It is different money.

Question 18

R v Lloyd & Others (1985)

Answer 18

D worked at a cinema. Gave the films to a friend to copy and then return them straight away. There was no theft as the films had not reduced in value nor had they changed state.