offences against property

Question 1

what section is theft under the act 1968

Answer 1

s1 - “ a person is guilty of theft of he dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it”

Question 2

The actus reus of theft

Answer 2

Appropriation of property belonging to another

Question 3

The mens Rea of theft

Answer 3

Dishonestly & intention to permanently deprive

Question 4

What type of offence is theft

Answer 4

Either way offence

Question 5

What the max sentence on indictment of theft

Answer 5

7 years

Question 6

What section is appropriation under

Answer 6

Section 3

Question 7

S.3, what does it state about appropriation

Answer 7

” Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property, innocently or not, without stealing it, any later assumption of a right to it keeping or dealing with it as owner.”

Question 8

What does appropriation mean

Answer 8

Taking using or assuming any of the owner’s rights of something that does not belong to you

Question 9

Whats the facts pf R v Pitham and Hehl 1977

Answer 9

D’s sold furniture belonging to another person and in that person’s house, so the D’s did not physically have the furniture

Question 10

what was held of R v Pitham and Hehl 1977

Answer 10

the court held that this was an appropriation. it did not matter whether or not the furniture was removed from the house and the owner was never deprived of the property

Question 11

whats the facts of R v Morris 1983

Answer 11

D had switched the price labels of two items in the supermarket. he put one of the items in his basket with now the lower price label. he went to the checkout but was arrested before he went through

Question 12

what was the legal point of r v morris1983

Answer 12

‘it is enough for the prosecution if they have proved… the assumption of any of they rights of the owner of the goods in question’ lord roskill in HL so guilty because he assumed the rights to put a price label on the goods

Question 13

what was held of r v morris 1983

Answer 13

D’s conviction was upheld. the court held that there does not need to be an assumption of the rights of owner. the assumption of any of the rights of the owner will suffice

Question 14

whats the facts of Lawrence v MPC 1972

Answer 14

taxi driver was allowed by an Italian student to help him himself to £6 from his wallet from a journey which should only have cost 50p. D argued that he had not appropriated the money as the student agreed to him taking it (consent)

Question 15

what was held of Lawrence v MPC 1972

Answer 15

D’s conviction was upheld. the court held that there was an appropriation even where the owner consents

Question 16

what’s the facts of R v Gomez 1993

Answer 16

D worked as a shop assistant. he persuaded the manager to accept, in payment for goods, two cheques which he knew to be stolen and had no value.

Question 17

what was held of R v Gomez 1993

Answer 17

D’s conviction was upheld. the HOL(home owners loan act of 1933) held that an appropriation had taken place even though the manager consented to supplying the goods. and appropriation does not need absence of consent.

Question 18

whats the facts of R v Hinks 2000

Answer 18

V was a man of limited intelligence who had been persuaded to give D, Mrs Hinks, who claimed to be his ‘carer’, a TV and £60,000 over a period f a few months. D argued there was no theft as it was a valid gift, but she was convicted. D appealed on the basis that a valid gift could not be theft

Question 19

whats was held of R v Hinks 2000

Answer 19

house of lords which is now the supreme court, decided by majority of 3-2 that even accepting a gift can amount to an appropriation. there was an appropriation here even though the gifts were valid.

Question 20

how does appropriation only happens once

Answer 20

• once a person has appropriated property with the other actus reus and mens rea elements, they are guilty of theft
• subsequent appropriations (assuming the rights of the owner) by the thief relating relating to that property are not new thefts
• otherwise it would be possible to convict someone who steals a sliver teapot of theft every time they use it to make time

Question 21

whats the facts of R v Turner 1971 (belonging to other )

Answer 21

D took his car into a service station for repairs. when he went to pick it up he saw that the car was left outside with key in it. he took the car without paying for the repairs, making his liable for theft of this own car since the car was regarded as belonging to the service station as they were in possession and control of it

Question 22

whats the facts of Davidge v Bennett 1984

Answer 22

D revived chequers from her flat mates which were to pay for the communal gas bill. D spent the money on Christmas presents and left the flat without paying the gas bill

Question 23

what was held for of Davidge v Bennett 1984

Answer 23

she was liable for theft act under s.5(3) 1986 the cheques been given with a clear obligation to apply the money for payment of the gas bill

Question 24

whats the principle of the case Oxford v moss 1979

Answer 24

confidential information is not consider a property so cant be stolen

Question 25

whats the facts of Oxford v moss 1979

Answer 25

D was a student of engineering, and took an exam paper with the intention of returning the paper having used the information gained in order to cheat on his exam

Question 26

what was held of Oxford v moss 1979

Answer 26

the confidential information contained in the paper did not amount to intangible property for the purposes of the theft act 1986

Question 27

what does bona fide purchaser in good faith

Answer 27

somebody who purchases property in good faith from somebody who stolen it, is not guilty of theft from the original owner

Question 28

whats does property mean

Answer 28

‘money and all other property, real or personal, including things in action and other intangible property’

Question 29

whats the facts R v Velumyl 1989

Answer 29

appellant was a company director. he took money from the company’s safe and claimed that he intended return it after the weekend

Question 30

what was held R v Velumyl 1989

Answer 30

his conviction was upheld. unless he intended to pay back the exact notes and coins he had the intention to permanently deprive the company of the money taken.

Question 31

what was the three circumstances in real property can someone be guilty of stealing

Answer 31

• where a trustee or personal representative takes land in breach of their duties
• where someone not in possession servers part of the land (e.g. dismantling someone’s wall of digging up their lawn)
• a tenant takes a fixture of structure from land let to him (e.g. a tenant takes the kitchen sink)

Question 32

what does personal property include

Answer 32

all moveable items such as books, cars and clothes. however, includes frozen sperm sample cases that links to this year worth v north Bristol NHS trout 2009

Question 33

why cant you steal body parts & corpses

Answer 33

corpses is consider not property but can be if they have taken on new attributes such as museum features, medical use etc

Question 34

what’s the facts of R v Kelly & Lindsay 1998

Answer 34

first D (K) had access to the royal college of surgeons to take drawings of anatomical specimens. the second D(L) worked at the college. K asked L to remove a number of human body parts from the college. the body parts were taken the K’s home where K made casts from them. the body parts were ultimately buried in a field near K’s home.

Question 35

what was held of R v Kelly & Lindsay 1998

Answer 35

K was guilty of theft. he appealed and the court of appeal dismissed the appeal. the exception expressed to the longstanding common law rule regarding property in a corpse as relied upon by the trial judge and expressed in the Australian case of doodeward v spence was valid. when a person applies lawful skill to a human body or parts thereof which is in his lawful possession it acquires a right to retain possession of it.

Question 36

what things cant be stolen

Answer 36

• include flowers, fruit, foliage and fungi that grow un the wild
• foraging is allowed provided it is not reward, sale or commercial purpose
• wild creatures cannot be stolen unless they are in captivity

Question 37

what’s the three facts of dishonestly of theft

Answer 37

• they have a legal right to take the property (entitled) ;or
• the owner would agree (consent) to their taking if they knew about it; or
  -they could not find the person to whom the property belongs by taking reasonable step

Question 38

whats the facts of R v ghosh 1982

Answer 38

the appellant was a surgeon who claimed money in respect of operations which he had not carried out. he argued his actions were not dishonest as the same sums were legitimately due to him for consultancy fees

Question 39

What was test in Rv Ghosh 1982

Answer 39

2 man test
Subjective test - evaluates a person’s state of mind, intention or knowledge at the time of a particular
Objective test - method used to evaluate a-person’s actions or behaviour based on ex

Question 40

What ‘s the test for Ivey V Genting 2017

Answer 40

Objective test

Question 41

What’s the test for Rv Barton & booth 2020

Answer 41

The 2 man test but both are objective
Objective 1 - what did the person know
Objective 2- if the reasonable would do the same

Question 42

What does intention to permanently to deprive mean

Answer 42

They treat the property as their own regardless of the rights of the owners

Question 43

Examples of intention to permanently to deprive

Answer 43

• Borrowing or lending that amounts to an outright taking or disposal
• parting with property conditionally when the defendant may not be able to fulfil the conditions to get it back

Question 44

What’s the facts of Rv lavender 1994

Answer 44

D removed some doors from a council property that was due for demolition.he installed the doors in his girlfriends flat which was also owned by council

Question 45

What was held of Rv lavender 1994

Answer 45

He did have the intention to permanently deprive under s.6 (1) as he treated the doors as his own to dispose of regardless of the owner’s rights.

Question 46

What’s the facts of Rv Lloyd 1985

Answer 46

D worked at a cinema and took films and took films to make pirate copies and then returned it.

Question 47

What did judge say in the case of Rv Lloyd 1985

Answer 47

The judge left the issue of intention permanently to deprive for the jury to decide. They were all convicted with conspiracy to steal contrary to s.1 criminal law act 1977.

Question 48

What was held of Rv Lloyd 1985

Answer 48

The appeal was allowed. The convicted were quashed

Question 49

What was wording of section 6(1)

Answer 49

” And a borrowing or lending of it may amount to so treating of it, but only if, the borrowing or lending is for a period and in circumstances marking it equivalent to an outright taking or disposal “ requires all the goodness, virtue and practical value to be taken from the goods

Question 50

What does conditional intent

Answer 50

A person’s expected result only when a condition diverts the person from their unconditional intent

Question 51

What’s the facts of Rv Easom 1971

Answer 51

D picked up a handbag but did not take anything