Paper 1.11a - Theft Flashcards
Criminal Law
What Act does theft come from?
Theft Act 1968.
What is the definition of theft and what section of the Theft Act is it from?
D dishonestly appropriates property belonging to another with the intention of permanently depriving them of it.
s1.
In relation to theft, what is the definition of ‘appropriating’ and what section of the Theft Act defines it?
Any assumption of the rights of an owners amounts to appropriation.
s3.
In relation to theft, how many rights of ownership does d need to assume in order to appropriate property and what case defined this?
Just one. (Morris) (Anderton)
In relation to theft, when does an appropriation take place? What case is an example of this?
The moment a right of ownership is assumed; Gomez.
TRUE OR FALSE: If the owner gives consent to an appropriation, it is no longer a crime.
False; this wasn’t the case in Lawrence, where a taxi driver overcharging a foreign exchange student was convicted of theft. Another example is the case of Hinks. A vulnerable owner may not be able to consent.
In relation to theft, how is property defined and what section of the Theft Act defines it?
Property is money and all other property, real and personal, including things in action and other intangible property.
s4.
What case provided the precedent that information was not property (under the Theft Act)?
Oxford v Moss
D, a uni student, acquired a proof of an exam he was due to sit. He memorised it and returned it. He was later acquitted of the theft charges brought against him.
In relation to theft, what is meant by ‘belonging to another’ and what section in the Theft Act is it defined?
Any person in control or possession / having a proprietary right.
s5.
Can d be guilty of stealing their own property? What case is an example of this?
Yes - Turner stole his car back from the garage before paying.
What section of the Theft Act deals with people holding money for a particular purpose?
s5(3).
TRUE OR FALSE: If your roommate gives you money to pay the bills, you have no legal obligation to do so.
False, this was the case in Davidge, where Christmas presents were bought instead.
In relation to theft, how does the law deal with lost or abandoned property? Name a case example.
If it is clear that V has forfeited ownership, D may claim the item (eg magazine on a train).
Ricketts
D stole from bags outside a charity shop; they were intended for the charity shop owners.
Under the Theft Act, what are you obligated to do when you receive property by mistake? What section of the Act states this?
You have an obligation to make a restoration.
s5(4).
Under s5(4) of the Theft Act, if you are given property by mistake, you are obligated to restore it. What is the case example of this?
AG Ref
D was overpaid by employers and failed to make a restoration. Although D was acquitted in trial, AG Ref commented saying that D should’ve been guilty.
What is the mens rea of theft?
Dishonesty, intention to permanently deprive.
What section of the Theft Act describes dishonesty?
s2.
What is the objective test for dishonesty and what two cases established it?
Ivey test: Is d dishonest by the standards of a reasonable and honest person?
Ivey; Barton and Booth.
s2(1) of the Theft Act states that there are three examples where D is deemed as ‘not dishonest’. What are these examples?
(a): if d believes they have legal right to the property. (Holden)
(b): if d believes they would have the owner’s consent. (Small)
(c): if d takes reasonable steps to find the owner.
s2(1)(a) of the Theft Act states that d is not dishonest if they believe they have a right to the property. What is a case example of this?
Holden
D stole tires from his factory’s scrap pile. However, he believed he had a right to this property. Therefore he was not guilty.
s2(1)(b) of the Theft Act states that d is not dishonest if they believe they would have the owner’s consent. What is the case example of this?
Small
D found a car and watched it for two weeks. He then stole it assuming it to be abandoned, even though it wasn’t. D wasn’t guilty as he believed the owner abandoned it.
s1(2) and s2(2) state two examples where d is dishonest. Name these examples.
s1(2): D is dishonest even if taking the property isn’t for their own benefit.
s2(2): D is dishonest even if they are willing to pay for the property they took.
What section of the Theft Act defines ‘intention of permanently depriving’?
s6.
In relation to theft, what are the requirements for D to meet the MR: intention of permanently depriving? Name one case example of this?
If d ‘treats the thing as his own to dispose of regardless of the other’s rights’, he qualifies for the MR. (Velumyl) (Lloyd) (Marshall)
