Scaffold theft

Question 1

What is theft defined under

Answer 1

The theft act 1968 section 1

Question 2

First bit of theft

Answer 2

Appropriation

Question 3

appropriation defetion

Answer 3

Defined in S3(1) as the ‘assumption of the rights of an owner’

Question 4

what cases states that assuming some, but not all the rights is still appropriation

Answer 4

R v Morris

Question 5

what does Corcoran v Anderson

Answer 5

Tugging on a bag can amount to appropriation

Question 6

what does R v pitham and hehl state

Answer 6

selling someone else’s property is appropriation

Question 7

what state says that consensual appropriation is still appropriation

Answer 7

Lawrence

Question 8

what case states that a fraudulent appropriation is still an appropriation

Answer 8

Hinks

Question 9

whats the second part of theft

Answer 9

Property

Question 10

property definition

Answer 10

Defined under S.4(1) as money or other property real or personal,including things in action and other intangible objects.

Question 11

what was held in the case of Kelly and Lindsay

Answer 11

That body parts can amount to property

Question 12

what cannot amount to property

Answer 12

Wild plants or animals do not amount to property unless they are sold

Question 13

Third part of theft

Answer 13

Must prove that property belonged to another

Question 14

what is belonging to another defined as

Answer 14

defined under S.5(1) as ‘property shall be regarded as belonging to any person with possession or control of it, or has a right or interest in it’

Question 15

what happened in r v turner

Answer 15

The defendant stole his own car back from a garage without paying

Question 16

what was established in r v woodman

Answer 16

A person has possession of property on his land even if he isn’t aware of its existence, by controlling the site he has control of the property

Question 17

what is stated in hibbert v mckiernan

Answer 17

property that is lost is theft but property that is abandoned it is not theft.

Question 18

Mens rea of theft

Answer 18

dishonesty and intent to permanently deprive

Question 19

what section does dishonesty and intent to permanently deprive come under

Answer 19

section 2 and 6

Question 20

what situations are seen as honest

Answer 20

depriving the victim they believed they would have given them consent or the owner of the property cant be discovered

Question 21

what test is used to establish if the defendant is dishonest

Answer 21

Ivey test

Question 22

what does the ivey test establish

Answer 22

if the defendant was dishonest by standards of a reasonable person or if they knew what they were doing was dishonest

Question 23

What is the final part of theft

Answer 23

the intent to permanently deprive

Question 24

what is allowed in deprivation

Answer 24

borrowing, if the item is returned with equal goodness, virtue and practical value. (r v lloyd)