Property - Law

Question 1

Definition of theft

Answer 1

S1 Theft act - Dishonest appropration of property belonging to another with the intention to pernamenrtly deprive

Question 2

Appropriation

Answer 2

s3(1) Theft act - Appropriation is the assumption of the rights of the owner, this can include using it, consuming it or selling it (Pitham v Hehl).

Question 3

Appropriation with consent

Answer 3

There will still be an appropriation even with the owners consent (Lawrence)

Question 4

Appropration with some of the rights

Answer 4

Will still be an appropriation (Morris)

Question 5

Definition of property

Answer 5

s4(1) States that property includes money and all other property, real or personal (Kellay and lindsay), inlcudin g things in motion or intangiable property

Question 6

What is not property

Answer 6

s4(3) and s4(4) states that wild flowers and wild animals will not be property and therefore cannot be stolen.

Question 7

Property Belonging to another

Answer 7

s5(1) states that property will belong to anyone that has sufficient pwoer and control over it or a propietory interest

Question 8

Can you steal from someone other than the owner

Answer 8

Yes - turner No 2

Question 9

Property received udner an obligation

Answer 9

Still belongs to the other and devaition from instructions of use will be thft - Wain

Question 10

Dishonesty (Old)

Answer 10

The vourts previously favoured the ghosh test, whoch ahd a subjective adn objective element that needed to be satisfied, was the defendant honest by the standard of others and didn they beliuve they were bebing dishonest.

Question 11

Dishonesty (New)

Answer 11

The issue raised in (Ivey v Genting) was the less that an individuals actions conformed with societal expectation, the less likely it was they would be held criminally dishonest. Therefore the subjective element was removed.

Question 12

When will someone not be dishonest

Answer 12

They have a right in law

Owner cannot be discovered (Robinson)

They did or would have consented

Question 13

Intention to pernamently deprive

Answer 13

s6(1) Theft act states that a person will have intention to pernamently deprive if they intend to trat the thing as their own to use and dispose of. (DPP v Lavender)

Question 14

Someone steals then returns if not valuable

Answer 14

Still theft - (Wain)

Question 15

Sentencing

Answer 15

s7 - 7 Years in prison