Property Offences- Theft

Question 1

AR of theft

Answer 1

The appropriation of property belonging to another

Question 2

MR of theft

Answer 2

D acting dishonestly with the intention of permanently depriving another of it

Question 3

Law on theft is defined in

Answer 3

S1 of theft act

Question 4

Category of offence

Answer 4

Triable eitherway

Question 5

Max sentencing

Answer 5

7 years

Question 6

Appropriation-

Morris

Answer 6

Removed articles from shelves and switched labels on items. Their intention was to pay lower price , developed appropration as switching labels is appropriation when attempting to pay lower price

Question 7

Appropriation

Lawrence

Answer 7

D a taxi driver took a further £6 from a Italian tourist, and argued it was consented. Belief or absence of belief of consent isn’t consent. An appropriation can take place without consent from owner.

Question 8

Appropriation

Gomez

Answer 8

D was asked by B, to supply goods (money) in exchange of 2 cheques that D knew were stolen. D got the authority from manager, but didn’t tell him it was stolen. Consent from manager irrelevant still an appropriation

Question 9

Appropriation

Hinks

Answer 9

D, a career of an old man of low intelligence persuaded him to give gifts to her totalling £60,000. Agreed with Lawrence and Gomez that it was irrelevant whether the act of appropriation was done with/without consent

Question 10

Property

Oxford v moss

Answer 10

D, a uni student obtained a copy of an exam paper, read it and replaced it. It was never his intention to take the paper away. Information in the paper didn’t amount to intangible property

Question 11

Property

Turner No2

Answer 11

T left car at a garage for repairs and took it back using spare key without paying. Convicted, even as a owner, as the car was in control and possession of garage. Can be convicted of theft of your own property.

Question 12

Property

Kelly and Lindsay

Answer 12

D stole body parts and burned them. There was an exception to the common law rule that there’s no property in a corpse. Parts of corpse were capable of being property, the college had possession

Question 13

Property-

Woodman

Answer 13

D took scrap metal from disused factory site. The occupiers didn’t know it was there. A person has possession of any property on his land, even if he’s not aware.

Question 14

Belonging to another

R v Basildon magistrates court

Answer 14

Took bags from a charity shop, claiming it had been abandoned. Convicted, property belonged to another (charity shop)

Question 15

Belonging to another

Hall

Answer 15

D a travel agent received money form clients for a holiday. No flights were materialised and no money refunded. Not guilty, as although d had a contractual obligation to client he couldn’t be guilty as no special arrangements were made

Question 16

Belonging to another

Webster

Answer 16

Sold a medal, convicted of theft. If property was received there can still be theft if there’s an obligation to deal with the property in a particular way. Belonging to another.

Question 17

Dishonest

Davidge v Burnett

Answer 17

D received cheques from flat mate to pay for gas bill. D spent the money on Xmas presents. Liable under S5 theft act, as the cheques has been given with the obligation to pay bill

Question 18

Dishonest

Attorney general ref (no1)

Answer 18

Women mistakenly overpaid £74 for her salary she didn’t tell her employer she had dishonest intent

Question 19

Dishonest

Gilks

Answer 19

D was overpaid winnings by mistake from a bookmaker, d knew it was a mistake and kept money. Guilty, D’s conduct was dishonest conviction upheld

Question 20

Dishonest

Ghosh

Answer 20

D a surgeon claimed money in respect of operations he’d not carried out. Conviction upheld. Must decide if D was dishonest by looking at the ordinary standards of reasonable& honest people. If it was dishonest, jury must consider whether D realised what he was doing was dishonest. Develops test for dishonesty

Question 21

Dishonest

Ivey v getting casinos

Answer 21

Man tried to rob a casino, overruled Ghosh test. Shifts to objective test would a reasonable person think he was dishonest

Question 22

Intention to permanently deprive

Velumyl

Answer 22

V was a manager who took money from office safe, intending to turn it when he was repaid the money owed. Conviction upheld as he interested to permanently deprive intention to replace with different notes was irrelevant

Question 23

Intention to permanently deprive

Zerei

Answer 23

D approached a car told V he was going o take the car, d punched v pulled out a knife took keys and drove off. Robber conviction quashed due to misdirection

Question 24

intention to permanently deprive

DPP V lavender

Answer 24

L took doors from council property and used them. Conviction upheld. They belonged to council and had intention

Question 25

Intention to permanently deprive

Lloyd

Answer 25

L lent film from Friend took a copy of it and gave it back. No intent to deprive as he gave back the original copy not guilty