Paper 1: theft

Question 1

What is the definition of theft?

Answer 1

“A person is guilty of theft is he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”

Question 2

What does theft come under?

Answer 2

S1(1) of the Theft Act 1968

Question 3

What does section 7 of the Theft Act 1968 state?

Answer 3

A person is guilty of theft shall on conviction indictment be liable to imprisonment for a term not exceeding 7 years

Question 4

What is section does appropriation come under?

Answer 4

s3

Question 5

What is appropriation?

Answer 5

“Any assumption by a person of the rights of an owner amounts to an appropriation without stealing it, or any later assumption of a right to it by keeping or dealing with it as the owner “

Question 6

Morris (1983)

Answer 6

It is enough to prove ‘the assumption.. of any of the rights of the owner of the goods’

Question 7

Gomez (1993)

Answer 7

There can still be an appropriation, even with the owners consent

Question 8

Hinks (1998)

Answer 8

At appeal, it was argued there was no appropriation under the civil law the property was received as a valid gift Hl dismissed the appeal stating the issue of consent is related to dishonesty, not whether there is an appropriation

Question 9

Property definition

Answer 9

“Property” includes money and all other property, real or personal, including things in action and other intangible property

Question 10

What section does property come under?

Answer 10

s4

Question 11

What are the types of property

Answer 11

• Money
• Real property
• Personal property
• Things in action
• Other intangible property

Question 12

s4(3)

Answer 12

Mushrooms growing wild on any land, or who picks flowers, fruit or foilage from a plant growing wild on any land do not amount to property

Question 13

s4(4)

Answer 13

Wild creatures, tamed or untamed do not amount to property

Question 14

Kelly and Lindsay (1998)

Answer 14

Held: normally corpses will not constitute property. The body parts were property as they had acquired ‘different attributed by virtue of the application of skill, such as dissection or preservation techniques, for exhibition or teaching purposes

Question 15

What section does belonging to another come under?

Answer 15

s5

Question 16

What is the definition of belonging to another?

Answer 16

“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 17

Webster (2006) EWCA Crim 2894

Answer 17

Facts: sergeant charged with stealing a medal belonging to the secretary of the state and selling it on the internet
Held: Court held that the Secretary of the State had ‘clearly’ retained a proprietary interest pin the medal for the purposes of the Theft Act 1968

Question 18

Turner (no.2) (1971)

Answer 18

Facts: Turner left the car at the garage to be fixed and agreed to pay once it was. He used his spare key to take his car during he night, avoiding paying repairs
Held: Although Turner maintained ownership, the garage has lawful possession until the bill was aid, so he was guilty of stealing his own car

Question 19

Abandonment definition

Answer 19

Where the owner relinquishes their rights over the property

Question 20

s5(3)

Answer 20

“Where a person received property from or an account of another, and is under an obligation to the other to retain and deal with that property or it proceeds in a particular way, the property or proceeds shall be regarded as belonging to another”

Question 21

Davidge v Bunnett (1984)

Answer 21

Held: She was under obligation to use the proceeds of the cheques for the payment of the gas bill. The cheques were regarded as property belonging to another under s.5(£) convicted of theft

Question 22

Hall (1972)

Answer 22

Held: D could not be guilty of theft because V had not made any special arrangement with D putting him ‘under an obligation to retain and deal with.. in a particular way’ within s5(3)

Question 23

s.5(4) Theft Act 1968

Answer 23

Where property is received by mistake. “Where a person gets property by another’s mistake, and is under obligation to make restoration of the property or its proceeds shall be regarded”

Question 24

AG’s ref no.1 (1983)

Answer 24

The CA held s.5(4) clearly provides for this type of situation, D was under an obligation to make restoration if there was a dishonest intent not to make restoration all the elements of theft will be satisfied

Question 25

What is the definition of dishonesty?

Answer 25

There is no definition of this element of the Theft Act 1968. Feely states we should take it’s ordinary meaning, no special meaning

Question 26

s.2(1) of the Theft Act 1968

Answer 26

A persons appropriation of property belonging to another is not to be regarded as disonest

Question 27

s.2(1)(a) of the Theft Act 1968

Answer 27

If he appropriates the property in the belief that he has in law the right to deprive the other of it

Question 28

s.2(1)(b) of the Theft Act 1968

Answer 28

If he appropriates the property in the belief that he would have the other’s consent

Question 29

s.2(1)(c) of the Theft Act 1968

Answer 29

If he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps

Question 30

R v Robinson

Answer 30

There was no theft under s.2(1)(a) since the defendant had an honest belief that he was entitles to the money

Question 31

The Ghosh test

Answer 31

1) Would the defendants behaviour be regarded as dishonest by the standards of reasonable and honest people
2) Was the defendant aware that his conduct would be regarded as dishonest by reasonable and honest people

Question 32

Two parts of intention to permanently deprive

Answer 32

1) Intention to treat the thing as his own to dispose of, regardless of the other’s rights
2) A borrowing or lending can amount to intention to permanently deprive, if it is for a period and in circumstances making it equivalent to an outright disposal

Question 33

Lavender (1994)

Answer 33

D’s argument failed on the basis that he intended to treat the doors as his own regardless of the council’s rights. The Divisional court held that the dictionary meaning of ‘dispose of’ was too narrow and a disposal could include ‘dealing with’ property

Question 34

Raphael and another (2008)

Answer 34

It was held that the wording of s.6(1) included the situation when D makes an offer to return to V his own property but subject to a condition which is inconsistent with V’s rights to possession of his own property. There was a theft and therefore the D was guilty of robbery

Question 35

Velumyl (1989)

Answer 35

CA upheld his conviction, he has no intention of returning the banknotes that he had taken

Question 36

Lloyd (1985)

Answer 36

There was no theft in this case, keeping it until “the goodness, the virtue, the practical value… has gone out of the article”

Question 37

Easom (1971)

Answer 37

D was originally convicted of theft but the CA quashed its conviction. D had a conditional intention to deprive