Property Offences

Question 1

s(1) Theft Act 1968

Answer 1

A person is guilty if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

a. Appropriation
b. Property
c. Belonging to Another
d. Dishonesty
e. Intention to Permanently Deprive

Question 2

s3(1) Theft Act

Answer 2

appropriation means any assumption of the owner’s rights, including later assumption of a right (initially comes by property without having stolen it)

via take, sell, destroy, use, consume, lend, hire

Question 3

Morris

Answer 3

Switching labels on goods an appropriation as was adverse interference with owners rights

Question 4

Pitham v Hehl

Answer 4

Appropriation as even though D did not touch, selling it was an assumption of a right of the owner

Question 5

Lawrence, Gomez, Hinks

Answer 5

Can be an appropriation even where the owner consents to it if that consent is obtained by deception

a. taxi fare from foreign student
b. stolen cheques as payment for goods
c. daily gifts of money by man of low intelligence

Question 6

s4(1) Theft Act

Answer 6

Property includes

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

Question 7

s4(3) Theft Act

Answer 7

Wild plants are not property unless taken for reward or sale

Question 8

Welsh

Answer 8

Urine sample was property of lab

Question 9

Oxford v Moss

Answer 9

Confidential information on exam paper not property

Question 10

Chan Nai-Keung

Answer 10

Export quota was intangible property

Question 11

Kohn

Answer 11

Money in the bank is a ‘thing in action’ (an enforceable right) so is property

Question 12

s5(1) Theft Act

Answer 12

Belonging to another means

• possession
• control
• proprietary interest (i.e. ownership)

Question 13

Turner

Answer 13

D guilty of theft of own car as was in possession and control of garage

Question 14

Ricketts v Basildon Magistrates

Answer 14

Items left outside a charity shop belong to the person who donated them until taken into the control or possession of the charity.

Question 15

Woodman

Answer 15

Scrap metal that appeared abandoned belonged to another as was on companies site so was in possession and control

Question 16

s5(3) Theft Act 1968

Answer 16

Where a person recieves property from another and is under an obligation to retain and deal with that property or its proceeds in a particular way, the property/proceeds belongs to another

Question 17

Davidge v Bunnett

Answer 17

Money belonged to another as D had an obligation to deal with it in a particular way; D given money to pay gas bill but spent it

Question 18

Wain

Answer 18

Money belonged to charity as D was under obligation to pass the exact amount rasied on to them (but not the actual physical banknotes)

Question 19

s5(4) Theft Act 1968

Answer 19

Property recieved by mistake belongs to another where D has an obligation to make restoration (i.e. to pay it back)

Question 20

AG’s Ref 1

Answer 20

D paid excessive wages and did not return; guilty as money belonged to another under s5(3)

Question 21

Gilks

Answer 21

This must be a legal obligation to return the property rather than a moral one

Question 22

s2(1) Theft Act 1968

Answer 22

D is not DISHONEST if they believe that

a. they have a right to appropriate the property
b. the owner would consent to the appropriation
c. the owner cannot be discovered by taking reasonable steps

Question 23

Holden

Answer 23

D was not dishonest as he believed he had legal right to take used tyres from employer as it was customary

Question 24

Small

Answer 24

Not dishonest as he believed the owner could not be discovered; Abandoned car left in road for over a week with keys in the ignition, missing parts and no petrol

Question 25

Booth & Another v R

Answer 25

Where exceptions do not apply, court will use Booth test to determine if dishonest:

Would D’s behavior be regarded as dishonest by the standard of the honest reasonable person?

Question 26

s6(1) Theft Act 1968

Answer 26

Intention to permanently deprive is intention to treat the property as his own to dispose of regardless of the owners rights

Question 27

Velumyl

Answer 27

Intention to permanently deprive V of specific money taken as could not replace the exact same notes

Question 28

DPP v J & Others

Answer 28

IPD can also be borrowing or lending property for a period and in circumstances equivalent to an outright taking or disposal.

Question 29

Raphael

Answer 29

Placing a condition on return of property is IPD as it is treating property as D’s to dispose of regardless of the owner’s rights; D took car and demanded money for return

Question 30

Floyd

Answer 30

Borrowing property until ‘the goodness, virtue, the practical value has gone’ amounts to an outright taking or disposal of that property and so is IPD

Question 31

DPP v Lavender

Answer 31

Intention to PD as was treating doors as his own to dispose of regardless of councils rights

Question 32

s8(1) Theft Act 1968

Answer 32

A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force

a. steals
b. force/threat of force
c. on any person
d. immediately before or at time of stealing
e. in order to steal

Question 33

Robinson

Answer 33

D must commit theft;

D used force to take V’s money because he was owed it - but had not committed theft as believed had legal right to it, so was not dishonest

Question 34

Corcocan and Anderton

Answer 34

D must commit theft;

Temporary appropriation of V’s property amount to theft so with use of force from wrestling bag from V D was guilty of robbery

Question 35

Dawson & James

Answer 35

Force is an ordinary word and the jury decide. Very little force is needed, e.g. nudging V off balance

Question 36

RP & Others

Answer 36

Snatching a cigarette was not enough to be force

Question 37

B & R v DPP, Bentham

Answer 37

D must seek to put V in fear; V need not actually be put in fear

Question 38

Clouden

Answer 38

Force can be used on V, someone with or near to V or on V’s property

Question 39

Hale

Answer 39

If force is used after theft, the jury may decide that the appropriation continues until the force arrives, so that the force is interpreted as being ‘at the time of stealing’

Appropriation still continuing when occupant tied up

Question 40

R v James

Answer 40

The force/threat of force must be used in order to steal; force that has nothing to do with the theft does not amount to robbery

If D incapacitates V without intending to steal from him, and then opportunistically steals, there is no robbery

Question 41

Robbery MR

Answer 41

a. mens rea for theft; and

b. intention or recklessness for the threat or use of force