(RED) Theft

Question 1

What does s1(1) of the Theft Act 1968 define theft as?

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

What are the 3 elements to the actus reus of theft?

Answer 2

s3- appropriation
s4- property
s5- belonging to another

Question 3

What are the 2 elements to the mens rea of theft?

Answer 3

s2- dishonesty
s6- intention to permanently deprive

Question 4

What is the definition of appropriation?

Answer 4

s3(1)- any assumption by a person of the rights of an owner.

Question 5

What are some examples of appropriation?

Answer 5

-Taking property
-Destroying property
-Selling property
-Lending out property
-Moving property

Question 6

What is the legal principle of R v Morris?

Answer 6

It is enough that the defendant has assumed any one right of an owner (i.e only one right must be assumed).

Question 7

What right had D assumed in R v Morris?

Answer 7

The right of an owner to change/ decide the price.

Question 8

Did Millman’s conduct count as an appropriation in R v Pitham and Hehl?

Answer 8

Yes, he assumed the right to offer property for sale.

Question 9

Which case showed that there can still be appropriation even if V agrees to D taking his property?

Answer 9

Lawrence v MPC- even though the victim consented, there was still appropriation as the V’s consent was likely not genuine.

Question 10

Can accepting the property as a gift be appropriation?

Answer 10

R v Hinks- even accepting a valid gift can sometimes amount to an appropriation. Here, D was still acting dishonestly by abusing her position.

Question 11

What else does s3(1) say about appropriation?

Answer 11

Appropriation also covers situations where D has come by the property innocently and only assumes the right of an owner later by keeping or dealing with it.

Question 12

What are the 5 types of property?

Answer 12

s4(1):
-Money (coins and notes)
-Real property (land)
-Personal property (everything tangible except money and land)
-Things in action (money in a bank account, stocks, shares)
-Other intangible property (copyright, protected works)

Question 13

What does s4(2) of the Theft Act 1968 say?

Answer 13

Although real property is property, it can only be stolen in one of three ways. The exceptions are:
-Someone who severs anything considered part of the land from the land
-A tenant takes a fixture or structure from the land let to him
-Someone legally entrusted to look after the land abuses this power

Question 14

What does R v Welsh say amounts to property that can be stolen?

Answer 14

Bodily fluids are property and can be stolen if in another’s possession.

Question 15

What is the exception to the rule that a corpse and body parts are not property?

Answer 15

R v Kelly and Lindsay- body parts may become property if they acquire value (i.e. were being used for educational or artistic purposes).

Question 16

What did Oxford v Moss say cannot be stolen?

Answer 16

Information/ knowledge.

Question 17

Which case is similar to Oxford v Moss but a different outcome was reached?

Answer 17

R v Akbar- the physical exam papers were taken and so these counted as personal property which can be stolen.

Question 18

What does belonging to another mean?

Answer 18

s5(1)- Possession or control of the property or with a proprietary right/interest in the property. (This can apply to more than 1 person).

Question 19

What does R v Turner say about belonging to another?

Answer 19

Even the legal owner of property is capable of stealing his own property if the possession or control is with someone else.

Question 20

To whom does abandoned property belong?

Answer 20

Ricketts v Basildon Magistrates- if an owner abandons their property, they may still have a proprietary interest in it e.g. leaving goods outside a charity shop.

Question 21

What does s5(3) say?

Answer 21

If D receives property and is under a legal obligation to use it in a particular way, that property will still be treated as belonging to the giver.

Question 22

Which case is an example of s5(3)?

Answer 22

Davidge v Burnett- the money for gas still belonged to D’s flatmates when she used it to buy Christmas presents.

Question 23

What does s5(4) say?

Answer 23

If D receives property by mistake and is under a legal obligation to return it, the property will still be treated as belonging to to the party who made the mistake.

Question 24

Which case is an example of s5(4)?

Answer 24

Attorney General’s Ref (No 1 of 1983)- D was under a legal obligation to return the overpaid money to her so it still belonged to her employer.

Question 25

What does s2 of the Theft Act 1968 say?

Answer 25

Gives no definition of dishonesty but provides 3 exceptions where D will not be being dishonest.

Question 26

What is the exception from s2(1)(a)?

Answer 26

D is not dishonest if they honestly believe they have a legal right to the property.

Question 27

What is the exception from s2(1)(b)?

Answer 27

D is not dishonest if they honestly believe the owner would have consented if they were aware of the appropriation and its circumstances.

Question 28

What is the exception from s2(1)(c)?

Answer 28

D is not dishonest if they honestly believe the owner can’t be found taking reasonable steps.

Question 29

Which case is an example of s2(1)(a)?

Answer 29

Robinson- D believed he had a legal right to the property as he was owed money from V.

Question 30

Which case is an example of s2(1)(b)?

Answer 30

Holden- D honestly believed the owner would have consented as employees had been allowed to take tyres home before.

Question 31

Which case is an example of s2(1)(c)?

Answer 31

Small- D didn’t honestly believe the owner couldn’t be found taking reasonable steps as he made no attempt to find the owner.

Question 32

What does s2(2) say?

Answer 32

D may still be dishonest even though they are willing to pay for the property. (e.g. calling into a Mercedes garage and taking a car, leaving a note saying you will pay later).

Question 33

What is the test from Ivey v Genting Casinos?

Answer 33

The jury need to
-Decide what D believed the facts of the situation were
-And then whether they felt his conduct was dishonest on those facts, according to the ordinary standards of reasonable and honest people.

Question 34

Which case shows that the Ivey dishonesty test now applies to criminal offences?

Answer 34

R v Barton and Booth

Question 35

What does s6(1) of the Theft Act 1968 say?

Answer 35

Intention to permanently deprive means intending to treat the property as one’s own to deal with, regardless of owner’s rights.

Question 36

How was the case of DPP v Lavender decided?

Answer 36

By moving the doors from one flat to another, D was intending to treat them as if they were his own so there was intention to permanently deprive.

Question 37

In which case was there only an intention to temporarily deprive?

Answer 37

R v Warner- D only intended to borrow the tools for a short term as retaliation (he intended to return them).

Question 38

How was the case of R v Velumyl decided?

Answer 38

D intended to permanently deprive his employer of those exact bank notes (even though he intended to return the correct amount of money).

Question 39

What does s6(1) say about borrowing and lending?

Answer 39

Borrowing can amount to an intent to permanently deprive if property is kept for such time and in such circumstances that make it equivalent to outright taking/ disposal.

Question 40

What factors will be considered when deciding if borrowing amounts to an intention to permanently deprive?

Answer 40

R v Lloyd- has the goodness, virtue and value been removed? (i.e spending money on a gift card or taking a travelcard during its period of validity).

Question 41

Does conditional intent count as intention to permanently deprive?

Answer 41

R v Easom- conditional intent is not intention to permanently deprive. D only intended to permanently deprive if there was something worth stealing (which there wasn’t).