PAPER 1 THEFT

Question 1

What does S.1 of the theft act 1968 state?

Answer 1

A person is guilty of theft if they “dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.”

Question 2

S.3 TA 68 deals with the meaning of what?

Answer 2

Appropriate

Question 3

According to S.3(1) what is said?

Answer 3

“A person appropriates property the moment they assumes any of the rights of the true owner”

Question 4

What is examples of an owners rights?

Answer 4

Selling, possessing, consuming or lending

Question 5

An appropriation can occur despite what?

Answer 5

The consent of the owner (Hinks)
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Question 6

What does S.4(1) TA 68 define property as?

Answer 6

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

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Question 7

Only if relevant - what are the three conditions for which land can be stolen?

Answer 7

Someone dealing with the land in a special capacity

Where a person who isn’t in possession of land severs something from it

Or where a person in possession of land as a tenant appropriates a structure or fixture let with the land

Question 8

Only if relevant - what happens if something is growing wild?

Answer 8

It would be theft to take the whole plant or any for commercial purposes

Question 9

Only if relevant - when is it not theft to take live or dead wild animals

Answer 9

If they have been taken into possession by someone else.

Question 10

Only if relevant — can information be stolen?

Answer 10

No (Oxford V Moss)

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Question 11

According to S.5(1) Theft Act 1968 what is said?

Answer 11

Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest

Question 12

S.5(1) is wide enough to cover what?

Answer 12

Theft of your own property (Turner)
Apply

Question 13

Only if relevant - property will also be regarded as belonging to another under what?

Answer 13

A trust where the property belongs to the beneficiaries.

Question 14

Only if relevant - What is an obligation to deal?

Answer 14

When property is recieved from another under an obligation to retain and deal with it in a particular way.

Question 15

Only if relevant - if property is recieved as a result of a mistake what is there a legal obligation to do?

Answer 15

Make restoration.

Question 16

Only if relevant - if property is lost what happens?

Answer 16

It remains property belonging to another

Question 17

Only if relevant - where a person abandons property what happens?

Answer 17

The property is not belonging to another as the rights of ownership have been relinquished

Question 18

Only if relevant - what happens with property donated to charity?

Answer 18

It’s not abandoned, the items remain property of the donor until it is taken into possession by the charity, when in the charities possession it is their property.

APPLICATION

Question 19

how must D appropriate the property?

Answer 19

Dishonestly (S.2)

Question 20

What rejected the Ghost test for dishonesty?

Answer 20

Ivey v Genting Casinos

Question 21

What are the two questions of the dishonesty Ivey v Genting Casinos test?

Answer 21

1. What was the actual state of the individual’s knowledge or belief as to the facts? This most he genuinely held doesn’t have to be reasonable.
2. Was conduct dishonest determined by applying the objective standards of ordinary decent people.

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Question 22

Relevant issues - when is appropriation not regarded as dishonest if he appropriates the property in the genuine belief that what?

Answer 22

He has, in law, the right to deprive the other of it, on behalf of himself or of a third person.

Question 23

IF RELEVANT — it’s also not dishonest if he takes the property believing the other would consent?

Answer 23

Yes

Question 24

IF RELEVANT Also not dishonest if the person whom the property belongs to cannot be what?

Answer 24

Discovered by taking reasonable steps

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Question 25

What is the second part of the MR?

Answer 25

Intention of permanently depriving the other of the property (S.6)

Question 26

Explain S.6 in slightly more detail

Answer 26

D intends to treat the property as his own to dispose of regardless of the real owner’s rights.

Question 27

What kind of intent is not enough?

Answer 27

Conditional intent (Easom)
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