Criminal Law - Theft

Question 1

What is Step 1 of theft?

Answer 1

The D must have ‘appropriated’, meaning treating it as their own.

Question 2

Morris

Answer 2

Only one of the rights needs to have been assumed, meaning the defendants need to actually take the property away.

Question 3

Lawrence (Step 1)

Answer 3

There can still be an appropriation with the consent of the owner

Question 4

Hinks (Step 1)

Answer 4

Appropriation can take place even if it seems it was given as a gift

Question 5

Pitham (Step 1)

Answer 5

Putting someone elses property for sale is an assumption of a right.

Question 6

What is step 2 of Theft?

Answer 6

It must have been property that was appropriated, property means land, money, belongings and other things of value.

Question 7

Velumyl (Step 2)

Answer 7

Taking money and not giving it back in the exact coins/notes counts as property.

Question 8

Oxford (Step 2)

Answer 8

A corpse is only property if something special has been done to it.

Question 9

Marshal (Step 2)

Answer 9

Tickets count as property

Question 10

What is Step 3 of theft?

Answer 10

The property must belong to another, meaning it must be in someone else’s possession or control

Question 11

S5(1) (Step 3)

Answer 11

The property doesn’t need to be taken from the owner of the property, just be in possession of it.

Question 12

AG Ref (Step 3)

Answer 12

If you are paid too much then the overpaid amount remains in control of the payer until it is returned.

Question 13

Webster (Step 3)

Answer 13

If duplicate property is sent, the property belongs to the person who sent it.

Question 14

Kelly (Step 3)

Answer 14

A thief is in possession and control of what he has stolen, so if you steal off him then you have stollen.

Question 15

Woodman (Step 3)

Answer 15

• If property is abandoned then it no longer belongs to another.
• Property can still belong to another even if the victim doesnt know

Question 16

What is Step 4 of theft?

Answer 16

The D had the intention to permanently deprive - not planing on returning it.

Question 17

S6 (1) Step 4

Answer 17

Borrowing someones property and using it without their permission can mean there is an intention to permanently deprive.

Question 18

Lavender (Step 4)

Answer 18

Intending to carry out a right of an owner can count, even if it is returned.

Question 19

J and Others (Step 4)

Answer 19

Taking property and damaging it is an intention to permanently deprive.

Question 20

Velumyl (Step 4)

Answer 20

Taking money and giving it back in different notes and coins is an intention to permanently deprive.

Question 21

Easom (Step 4)

Answer 21

There is no intention to permenantly deprive by looking into someones property and then not taking anything.

Question 22

What is step 5 of Theft?

Answer 22

The taking of the property must have been dishonest

Question 23

S2(1) (Step 5)

Answer 23

Tells us what is NOT dishonest:

• If wrongly thinks d has a legal power over property
• If you think the owner wouldn’t have minded what you did
• If you find an item and honestly think the owner cannot be found

Question 24

Small (Step 5)

Answer 24

If D had a genuine belief that one of the above statements applied then it is not dishonest.