Property Flashcards
For there to be a theft, what must the defendant have appropriated?
‘property’
Which section of the theft act gives a very comprehensive definition of property which means that almost everything can be stolen?
section 4
According to section 4 of the Theft Act 1968, what is property? (5)
- money
- real property
- personal property
- things in action
- other intangible property
What does personal property cover?
all moveable items
What was held to be personal property in kelly and lindsay for the purposes of theft?
dead bodies and body parts
Which case held that dead bodies and body parts are personal property for the purposes of theft?
Kelly and Lindsay
What happened in the case of Kelly and Lindsay?
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
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?
Kelly and Lindsay
What is real property?
real property is the legal term for land and buildings
Under what section of the Theft Act 1968 can land be stolen?
section 4(1)
What are the three circumstances under which land can be stolen according to section 4 (1)?
- 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
In what year was a man prosecuted for staling Cleckheaton railway station by dismantling and removing it?
1972
What is a thing in action?
a thing in action is a right which can be enforced against another person by an action in law.
What is an example of a thing in action?
bank account or a cheque
When can D be guilty of the theft of something which is a ‘thing in action’?
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.
How is a cheque unique in regards to a thing in action?
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.
What does other intangible property refer to?
this refers to other rights which have no physical presence but can be stolen under the Theft Act 1968
In what case was it held that intangible property could be stolen?
Attorney General for Hong Kong v Chan Nai-Keung
What happened in the case of Attorney General for Hong Kong v Chan Nai Keung?
D stole an export quota for textiles, the courts held that intangible property could be stolen
D stole an export quota for textiles, the courts held that intangible property could be stolen
What case is this?
Hong Kong v Chan Nai Keung
What was held not to be property in Oxford v Moss?
questions on an examination paper
What case held that a questions on an examination paper is not property?
Oxford v Moss
What happened in the case of Oxford v Moss?
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
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?
Oxford v Moss
Under what section of the theft act 1968 are some things which cannot be stolen outlined?
section 4 (3) and (4)
Under section 4 (3) and (4) what is possible to steal from the wild?
Wild plants used for the purposes of sale and those growing on someone’s land.
Under what Act is pocking certain species of wild plants illegal?
under the Wildlife and Countryside Act 1981
What is an example of a wild plant which would be theft if intended to sell?
holly at Christmas time
Where is there a separate offence for the theft of electricity which is another intangible property?
s 11 of the Theft Act 1968
How can you be guilty of stealing electricity?
if it is dishonestly used without due authority or causing it to be wasted
