Theft

Question 1

What section and Act does theft come under?

Answer 1

s1 Theft Act 1968

Question 2

How is theft described under s1 Theft Act 1968?

Answer 2

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

Question 3

What is the AR of theft?

Answer 3

The appropriation of property belonging to another

Question 4

What is meant by ‘appropriation’?

Answer 4

‘any assumption of the rights of the owner amounts to appropriation..’

Question 5

which case said that if the D assumes the right to sell this amounts to appropriation?

Answer 5

Pitham & Hehl - sold furniture belonging to another person.

Question 6

Does D have to assume all the rights of the owner?

Answer 6

No, D doesn’t have to assume all the rights of the owner (Morris)

Question 7

What did Corcoran v Anderson say?

Answer 7

That appropriation includes forcibly tugging on a handbag, even though V doesn’t let go.

Question 8

What did the cases Lawrence and Gomez state?

Answer 8

Lawrence stated appropriation can occur with the consent of the owner and Gomez confirmed this; these cases involved an element or deception.

Question 9

Which case held that appropriation can take place even when the owner has consented and there is no deception?

Answer 9

Hinks

Question 10

What is the second element of theft?

Answer 10

Property (s4)

Question 11

What does property include?

Answer 11

money, real property(land), personal property(body party) - Kelly&lindsay, things in action, other intangible property eg patent, but not personal info (Oxford v moss).

Question 12

Which property cannot be stolen?

Answer 12

s4(3) - picking from the wild unless done for rewards or sale
s4(4) - wild creatures not ordinarily kept in captivity or untamed.

Question 13

What was held in Kelly?

Answer 13

Dead body not normally property but, the body parts were property as they had acquired “different attributes by virtue of the application of skill…”

Question 14

What was held in Oxford v Moss?

Answer 14

confidential information is not property within the meaning of TA.

Question 15

What is the third element of theft?

Answer 15

Belonging to another (s5)

Question 16

What does the wide definition of belonging to another include?

Answer 16

possession or control of property, or, any proprietary interest.

Question 17

Which case said that a person can be in control of property even though he does not know that he possesses it?

Answer 17

Woodman - scrap metal in a disused site.

Question 18

What was the principle under Ricketts v Basildon?

Answer 18

Items still belong to the donor until possession of goods have been taken.

Question 19

What was the principle in Williams v Phillips?

Answer 19

refuse remained the property of the homeowner until it is collected and taken to the tip.

Question 20

Which case stated that when money or cheques are given for a particular purpose, there must be a legal obligation to use the proceeds for that purpose

Answer 20

Davidge v Bunnett

Question 21

Which case and section stated that where you are given something by mistake and have a legal obligation to give it back, keeping it may be theft?

Answer 21

AG’s Ref (No 1 of 1983) , under s5(4)

Question 22

what is s2(1)(a)?

Answer 22

D believed he had in law the right to deprive the other of it, on behalf of himself or a third person (Holden).

Question 23

what is s2(1)(b)?

Answer 23

D believed he would have the others consent if they knew of the appropriation and the circumstances of it

Question 24

What is s2(1)(c)?

Answer 24

D believed that the person whom the property belongs can’t be discovered by taking reasonable steps.

Question 25

Does D’s belief have to be correct and reasonable?

Answer 25

No, just genuine

Question 26

What test do we use if none of s2(1) applies?

Answer 26

The objective test: would d’s behaviour be regarded as dishonest by the standards of reasonable and honest people?

Question 27

Provide a case for s2(1)(a)

Answer 27

Small, he believed the car was abandoned and he had a legal right to take it, genuine belief was sufficient

Question 28

what is the second element of mens Rea?

Answer 28

Intention to permanently deprive (s6)

Question 29

Which case confirmed that the disposal of property includes dealing with property?

Answer 29

Lavender

Question 30

Which case stated that this element can still be proved even if D intends to repay money he has taken?

Answer 30

Velumyl

Question 31

What did Lloyd say?

Answer 31

If ‘the goodness, the virtue and the practical value had gone out of the article’ that would be sufficient for s6