theft

Question 1

what act defines theft?

Answer 1

theft act 1968

Question 2

what is the definition of theft?

Answer 2

s1 a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it.

Question 3

mens rea for theft?

Answer 3

dishonestly & intention to permanently deprive

Question 4

actus reus for theft?

Answer 4

appropriation, property, belonging to another

Question 5

appropriation

Answer 5

s3 any assumption of the rights of owner (1) any later assumption by keeping it or dealing with it as owner

Question 6

Morris

Answer 6

swapping labels, assumed rights of owner

Question 7

gomez

Answer 7

gave false cheque, manager still accepted it, Gomez still appropriated

Question 8

hinks

Answer 8

receiving gifts from vulnerable people

Question 9

property

Answer 9

s4 money, real and personal property, things in action, and intangible property.

Question 10

land can be stolen 1

Answer 10

a trustee takes land in breach of his duty

Question 11

land can be stolen 2

Answer 11

someone not in possession of the land severes something from it.

Question 12

land can be stolen 3

Answer 12

if a tenant takes a fixture

Question 13

s4 (3)

Answer 13

wild plants can be stolen if taken for a reward or any commercial purpose

Question 14

s4 (4)

Answer 14

wild animals can be stolen if reduced into possession

Question 15

r v kelly & lindsay

Answer 15

body parts

Question 16

Oxford & moss

Answer 16

exam questions can’t be stolen

Question 17

belong to another

Answer 17

a person having control or possession of the property, or he has proprietary interest. not required to legally prove possession

Question 18

s5(2)

Answer 18

where trustee can steal trust property

Question 19

s5 (3)

Answer 19

property received under obligation

Question 20

s5 (4)

Answer 20

property received by another mistake.

Question 21

r v turner

Answer 21

stole his own car, can be convicted of stealing your own property if someone else has proprietary interest

Question 22

Ricketts v basildon mag court

Answer 22

took bag from front of charity shop and one from the back one from front still belonged to donator, one from back still belonged to charity shop.

Question 23

r v dyke and munro

Answer 23

kept charities money, not belonging to donator, still guilty as holding money on behalf of charity

Question 24

mens rea defintion

Answer 24

it is irrelevant what the motive of the defendant is if all the aspects of theft are present

Question 25

dishonest

Answer 25

no definition but not dishonest if:

1a. legal right
1b. consent
1c. no owner

Question 26

s2 (2)

Answer 26

a persona appropriation may be honest not withstanding he is willing to pay for the property

Question 27

r v holden

Answer 27

scrap tyres , legal right

Question 28

r v Robinson

Answer 28

fight over debt, money falls out d takes the money, legal right

Question 29

r v ghosh

Answer 29

a doctor tried to claim money for a operation he didn’t do he believed he was owed this money for consultation

Question 30

ghosh objective

Answer 30

has the d been dishonest by the ordinary standards of a reasonable honest person?

Question 31

ghosh subjective

Answer 31

does d realise he is dishonest by those standards?

Question 32

ghosh subjective removal

Answer 32

Ivey v genting in civil law

r v Gabon in criminal law

Question 33

evaluation of ghosh

Answer 33

complicated for juries, trials longer, more expensive

morals differ with each individual

Question 34

intention to permanently deprive

Answer 34

no definition but if d has the intention to treat property as his own regardless of others rights he has the intention

Question 35

r v velumyl

Answer 35

took cash for debt was going to replace but intended to deprive those exact bank notes

Question 36

lavender

Answer 36

dealing with doors as owner swapped council doors

Question 37

Lloyd

Answer 37

took films to record but gave bak in same condition not guilty