Property Offences-Theft

Question 1

Definition of theft, and where is it contained in?

Answer 1

Dishonestly appropriates property belonging to another with intent to permanently deprive the other of it.

S1(1) Theft Act 1968

Question 2

What is the max sentence for theft and what kind of offence

Answer 2

7 years, TEW so magistrates/crown court

Question 3

Actus reus for theft and what section

Answer 3

S3. Appropriation-Physical taking of something, assuming the rights of the owner

Question 4

Appropriates cases

Answer 4

R v Morris-switching price stickers=theft

Lawrence v MPC-appropriation even if V consents to property being taken e.g by deception

Question 5

SECTION NUMBERS FOR THEFT

Answer 5

S2:Dishonesty
S3:Appropriates
S4:Property
S5:Belonging to another 
S6:Intention to permanently deprive

Question 6

S4:Property

Answer 6

Property can be things in action or tangible/intangible.

Question 7

Property cases

Answer 7

R v Kohn-things in action e.g money. Used company cheques to pay of personal debt=theft
R v Kelly & Lindsay-body parts=property
Oxford v Moss-looking at exam questions, not theft as not taken

Question 8

S5 Belonging to another

Answer 8

Owner does not have to be established

Question 9

S5 belonging to another cases

Answer 9

R v Woodman-can be in possession even if unaware

Turner-guilty of stealing his own car from garage which had possession and control of his car

Question 10

S5(3) and key cases (2)

Answer 10

Property belongs to another where it is received under an obligation to retain and deal with it in a particular way
Davidge v Bunnett-theft when given money for bills but spent on presents.
R v Wain-given money for charity but kept funds himself

Both carried obligations to use funds a particular way

Question 11

S5(4)

Answer 11

Lost property belongs to another-property received by mistake creates duty to make restoration (give back)
AG ref: being overpaid

Question 12

Mens rea of theft

Answer 12

S2:Dishonesty
S6:Intention to permanently to deprive

Question 13

S2:When is it not dishonest?

Answer 13

S2(1)a-believes he had the right to deprive (mistake)
B-believes there was consent
C-believes property could not be received by reasonable steps (cannot find owner

Question 14

Test for dishonesty

Answer 14

Ivey-objective test, questions whether conduct was dishonest by applying standards of ordinary decent people

Question 15

S6 Intention to permanently deprive case

Answer 15

Lloyd-borrowing film reel and returning it. Still had used it, so there was intention to permanently deprive the cinema of using it

Velumyl-stole from safe and intended to pay back but not in the exact coins/notes so theft