Property

Question 1

For there to be a theft, what must the defendant have appropriated?

Answer 1

‘property’

Question 2

Which section of the theft act gives a very comprehensive definition of property which means that almost everything can be stolen?

Answer 2

section 4

Question 3

According to section 4 of the Theft Act 1968, what is property? (5)

Answer 3

• money
• real property
• personal property
• things in action
• other intangible property

Question 4

What does personal property cover?

Answer 4

all moveable items

Question 5

What was held to be personal property in kelly and lindsay for the purposes of theft?

Answer 5

dead bodies and body parts

Question 6

Which case held that dead bodies and body parts are personal property for the purposes of theft?

Answer 6

Kelly and Lindsay

Question 7

What happened in the case of Kelly and Lindsay?

Answer 7

D took body parts from the Royal College of London after asking D who worked there. COA held that they were for the purposes of the Theft Act 1968

Question 8

D took body parts from the Royal College of London after asking D who worked there. COA held that they were for the purposes of the Theft Act 1968
What case is this?

Answer 8

Kelly and Lindsay

Question 9

What is real property?

Answer 9

real property is the legal term for land and buildings

Question 10

Under what section of the Theft Act 1968 can land be stolen?

Answer 10

section 4(1)

Question 11

What are the three circumstances under which land can be stolen according to section 4 (1)?

Answer 11

• where a trustee takes land in breach of his duties
• where someone not in possession of the land servers a part of the land
• where a tenant takes a fixture or structure from the land let to him

Question 12

In what year was a man prosecuted for staling Cleckheaton railway station by dismantling and removing it?

Answer 12

1972

Question 13

What is a thing in action?

Answer 13

a thing in action is a right which can be enforced against another person by an action in law.

Question 14

What is an example of a thing in action?

Answer 14

bank account or a cheque

Question 15

When can D be guilty of the theft of something which is a ‘thing in action’?

Answer 15

If D causes the bank to debit another person’s account then he has appropriated a thing in action. If he does this dishonestly and with intention to permanently deprive the other then he is guilty of theft.

Question 16

How is a cheque unique in regards to a thing in action?

Answer 16

it is a piece of paper so it is property which can be stolen, and it is a valuable security which can also be stolen as a thing in action.

Question 17

What does other intangible property refer to?

Answer 17

this refers to other rights which have no physical presence but can be stolen under the Theft Act 1968

Question 18

In what case was it held that intangible property could be stolen?

Answer 18

Attorney General for Hong Kong v Chan Nai-Keung

Question 19

What happened in the case of Attorney General for Hong Kong v Chan Nai Keung?

Answer 19

D stole an export quota for textiles, the courts held that intangible property could be stolen

Question 20

D stole an export quota for textiles, the courts held that intangible property could be stolen
What case is this?

Answer 20

Hong Kong v Chan Nai Keung

Question 21

What was held not to be property in Oxford v Moss?

Answer 21

questions on an examination paper

Question 22

What case held that a questions on an examination paper is not property?

Answer 22

Oxford v Moss

Question 23

What happened in the case of Oxford v Moss?

Answer 23

D, a university student, did not intend to permanently deprive the university of the piece of paper where the questions were printed. Found not guilty

Question 24

D, a university student, did not intend to permanently deprive the university of the piece of paper where the questions were printed. Found not guilty
What case is this?

Answer 24

Oxford v Moss

Question 25

Under what section of the theft act 1968 are some things which cannot be stolen outlined?

Answer 25

section 4 (3) and (4)

Question 26

Under section 4 (3) and (4) what is possible to steal from the wild?

Answer 26

Wild plants used for the purposes of sale and those growing on someone’s land.

Question 27

Under what Act is pocking certain species of wild plants illegal?

Answer 27

under the Wildlife and Countryside Act 1981

Question 28

What is an example of a wild plant which would be theft if intended to sell?

Answer 28

holly at Christmas time

Question 29

Where is there a separate offence for the theft of electricity which is another intangible property?

Answer 29

s 11 of the Theft Act 1968

Question 30

How can you be guilty of stealing electricity?

Answer 30

if it is dishonestly used without due authority or causing it to be wasted