Offences against a property- Theft

Question 1

What act is Theft under?

Answer 1

Section 1 Theft Act 1968

Question 2

Definition of Theft

Answer 2

To dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

Question 3

Actus Reus elements of Theft

Answer 3

Appropriation
Property
Belonging to another

Question 4

What does appropriation mean?

Answer 4

Assumption of the rights of an owner

Question 5

Appropriation can be label swapping case

Answer 5

Morris

Question 6

Appropriation can happen with consent accompanied by deception case

Answer 6

Lawrence

Question 7

Appropriation can happen with consent without any deception case

Answer 7

Hinks

Question 8

Appropriation can be a continuing act case

Answer 8

Atakpu and Abrahams

Question 9

Definition of property

Answer 9

All objects, intangible items and even body parts.

Question 10

What can be stolen case

Answer 10

Kelly

Question 11

what cannot be stolen?

Answer 11

Wild plants
Wild animals
Electricity
Confidential property

Question 12

What can’t be stolen case

Answer 12

Moss

Question 13

Definition of belonging to another

Answer 13

Possession or control or having proprietary rights of interest

Question 14

proprietary rights

Answer 14

if someone else has right to property

Question 15

Turner

Answer 15

Own possession

Question 16

Woodman

Answer 16

Can be in possession even if you don’t know you have it

Question 17

Webster

Answer 17

proprietary interest

Question 18

phillips

Answer 18

Abandoned or lost property

Question 19

Obligation to use cases

Answer 19

Bunnett
AG reference 1985

Question 20

What are the two elements of mens rea?

Answer 20

dishonesty
intention to permanently deprive

Question 21

Dishonesty definition

Answer 21

No statutory
Three situations where D Would not be considered dishonest

Question 22

1(a)

Answer 22

Genuine belief

Question 23

Genuine belief

Answer 23

Appropriates property and has a genuine belief he or another person has legal right to it.

Question 24

Genuine belief case

Answer 24

Holden

Question 25

1(b)

Answer 25

consent

Question 26

Consent

Answer 26

Appropriates property believing owner would have given consent

Question 27

(c)

Answer 27

D believed the owner genuinely couldn't be found

Question 28

Does not require a necessary reasonable belief case

Answer 28

small

Question 29

Test for dishonesty originally

Answer 29

Ghoul

Question 30

Why was the test for dishonesty changed

Answer 30

Not an accurate representation of the law

Question 31

Ivey test

Answer 31

1. state of knowledge or belief as to the facts? 2. standards of ordinary decent people?

Question 32

What criminal case confirmed the ivey test

Answer 32

Barton and Booth

Question 33

Permanently deprive definition

Answer 33

To dispose of regardless of owners rights

Question 34

Moved doors without permission and they belonged to council

Answer 34

Lavender

Question 35

Even if going to replace still permanently depriving

Answer 35

Velumyl

Question 36

Where property is borrowed for only a period of time

Answer 36

Llyold

Question 37

Conditional intent is not enough

Answer 37

Easom