Property Offences; Theft and Fraud

Question 1

S. 1 Theft Act 1968

Answer 1

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

Question 2

S. 4 Theft Act 1968; Property definition

Answer 2

Property definition is money and real or personal property

Land cannot be stolen (but some things on land can be stolen)

-Intangible property cannot be stolen (oxford v Moss)

Question 3

Borrowing

Answer 3

Borrowing becomes appropriation when the individual decides to permanently keep the item

Question 4

Appropriate

Answer 4

-Don’t need to take property to assume rights
Pitham & Hehl

Rights of owner include possess, sell, use, destroy, damage
R v Morris

Question 5

Appropriation can occur even with consent

Answer 5

The owner can consent but appropriation can still occur
Lawrence v MPC
R v Gomez

Question 6

Appropriation and Gifts

Answer 6

A gift can be appropriation of property if it is obtained Dishonestly
R v Hinks

Question 7

Theft: Intentionally abandoned items

Answer 7

Property belongs to another when they have possession and control over it or a property right/interest

If no one has this and the item has been intentionally abandoned then it can’t be stolen
Parker v British Airways

Exception
If the item is on property where they can exclude the D then it is appropriation
Hibbert v Mckiernan (golf course/balls)

Question 8

Appropriation; Bailey and property

Answer 8

If your property is given to a Bailiff then you can steal your own property back
R v Turner

Question 9

Appropriation; given property for a specific use

Answer 9

If you are given property for a specific use then you are obliged to use it in that way
Davidge v Burnett

Except (if you normally just receive the funds and are allowed to place them in a general account)
Huskission

Question 10

Theft; Mens Rea

Answer 10

Intention to Permanently deprive ( you don’t actually have to deprive them of it)

If you borrow and return qualitatively the same thing its still theft
Velumyl

Question 11

Theft; Section 6, Borrowing and exhausting value

Answer 11

Borrowing property and treating it as your own and make it to an outright taking by giving it back to the owner once you have exhausted its value, is theft.

Question 12

Theft; Mens Rea; Dishonesty

Answer 12

Dishonesty not defined in the Act, but gives some states of mind that are inconsistent with dishonesty:

A) Belief that D has in law a right to deprive property
B) Belief that D would have the owners consent if the owner knew
C) appropriates property in belief that D cannot find the rightful owner by taking reasonable steps (finders keepers)

Question 13

Theft; Dishonesty; Gosh Test

Answer 13

Test for dishonesty is an Objective Test

1) Jury must consider if the conduct of D was dishonest according to the standards of “ordinary reasonable and honest people”
If he is dishonest by this standard

2) the Jury must consider if D realized that

Question 14

Fraud Act 2006

Answer 14

D makes a false representation as to Fact or law, including the state of mind

Question 15

Fraud; Actus Reus

Answer 15

Express representation of Fact:
nothing wrong with car

Implied representation by the buyer
-A cheque says you have banks authority

Implied representation by the seller
-sell a car in front of house;implies it is your house

Implied by conduct

• paint over rust on a car
• staying silent when you have a duty to disclose

Question 16

Fraud: Mens Rea

Answer 16

Dishonesty as per the Gosh Test:
1) Jury must consider if the conduct of D was dishonest according to the standards of “ordinary reasonable and honest people”
If he is dishonest by this standard

2) the Jury must consider if D realized that

ALSO
Intention to
i) make a gain for oneself or another
ii) cause a loss or expose another to a risk of loss

Question 17

Theft Act 1978: Making off without Payment

Answer 17

Actus Reus:
D departs from the spot where payment is due
R v McDavitt

Mens Rea:
-Gosh test of Dishonesty
-Intention to Avoid Payment of Amount
R v Allen