Crime - Theft

Question 0

s3(1) Theft Act 1968

Answer 0

Appropriation is assumption of the rights of an owner

Question 1

s1(1) Theft Act 1968

Answer 1

AR: Appropriating property belonging to another
MR: Dishonestly -AND- with the intention to permanently deprive
Sentence: 7 years

Question 2

R v Morris

Answer 2

D need not assume all the rights of an owner, merely some

Question 3

DPP v Gomez

Answer 3

Consent of the owner will not justify appropriation

Question 4

R v Hinks

Answer 4

Appropriation may arise by way of a gift

Question 5

Oxford v Moss

Answer 5

Property does not include confidential information

Question 6

s4(1) Theft Act 1968

Answer 6

Property includes money, real property, personal property and choses in action

Question 7

R v Turner No. 2

Answer 7

Property may be your own but temporarily belong to another

Question 8

R v Gosh

Answer 8

• Was D’s behaviour dishonest by the standards of reasonable and honest people?
• If so, did D realise that his actions were dishonest according to those standards?

Question 9

R v Velumyl

Answer 9

Permanent deprivation occurs even where the replacement is identical

Question 10

R v Lloyd

Answer 10

Temporary deprivation will also amount to permanent deprivatn if ‘the goodness and virtue is gone’, e.g. copying DVDs

Question 11

s2(1) Fraud Act 2006

Answer 11

AR: Making a false representation
MR: Dishonestly, knowing it to be false, -AND- with the intention to make a gain/cause a loss
Sentence: 10 years

Question 12

s2(2) Fraud Act 2006

Answer 12

False representation is one that is untrue or misleading

Question 13

s3(1) Theft Act 1978 - Making off without payment

Answer 13

AR: Making off from the spot where payment is required for goods supplied
MR: Dishonestly, knowing that payment was required, -AND- with the intention of avoiding payment
Sentence: 2 years

Question 14

s8(1) Theft Act 1968 - Robbery

Answer 14

AR: Using (fear of) force against any person in order to steal at the time of, or immediately before, the theft
MR: MR of theft -AND- with the intention to use force
Sentence: Life

Question 15

s9(1)(a) Theft Act 1968 - Burglary I

Answer 15

AR: Entering (pat of) a building as a trespasser
MR: Intentionally/recklessly entering (part of) the building without consent -AND- with intention to commit theft/GBH
Sentence: 14 years (dwellings), 10 years (other property)

Question 16

s9(1)(b) Theft Act 1968 - Burglary II

Answer 16

AR: Entering (part of) a building as a trespasser -AND- (attempted) commission of theft/GBH
MR: Intentionally/recklessly entering (part of) a building without consent -AND- with MR for theft/GBH
Sentence: 14 years (dwelling), 10 years (other)

Question 17

s2(1) Theft Act 1968 - Absence of dishonesty

Answer 17

D must show he believed that:

• he had the legal right to deprive the other of the property
• the other would have consented to the deprivation
• the original owner could not be discovered after reasonable enquiry

Question 18

R v Vincent

Answer 18

D may escape liability to pay if he had previously agreed to pay for the goods at a later date

Question 19

R v Allen

Answer 19

D not liable if he (genuinely or otherwise) intends to return later to make payment