theft

Question 1

what is the act for theft

Answer 1

theft act 1968

Question 2

what does the theft act define as the actus reus of theft and which sections of the act are these in

Answer 2

• the appropriation s3(1)
• of property s4(1)
• belonging to another s5(1)

Question 3

what does the theft act define as the MR for theft and what sections are these in

Answer 3

• dishonetly s2(1)

- with intention to permanently deprive s6(1)

Question 4

describe the sentencing for theft

Answer 4

section 7 of theft act 1968 says that theft is a triable either way offence that can be punished by fine, community order or custodial sentence up to 7 yeras

Question 5

describe appropriation and give a leading case

Answer 5

• appropriation is anything where d assumes the rights of the owner
• r v pitham and hehl, d sold property belonging to another, this was an appropriation as d assumed the owners right to sell the property

Question 6

what two key things does the theft act outline about appropriation

Answer 6

• later assumption of a right

- an appropriation can take place with the victim’s consent

Question 7

describe later assumption of a right

Answer 7

• d can acquire property without appropriating but then may appropriate at a later date, eg if d borrows an item from d (not appropriation) but then refuses to give it back (appropriation)

Question 8

describe a case for the relationship between consent and appropriation

Answer 8

-r v lawrence, v allowed a taxi driver to reach into his wallet to take the money for his fair. D took £6 when the actual cost was 50p. HOL confirmed that this was a clear appropriation even though V consented.

Question 9

what five types of property are defined in s4 of the theft act

Answer 9

• money
• personal property
• real property
• things in action
• other intangible items

Question 10

describe personal property and a case for this

Answer 10

• all moveable items such as mobile phones, jewellery etc
• case of kelly and lindslay saw an exception to the rule in common law that body parts cannot mount to property when d was convicted with theft for stealing body parts from a medical school

Question 11

what is real property

Answer 11

legal term for buildings or land

Question 12

what are the three was real property can be stolen according to what section of the act

Answer 12

s4(2) says that real property can be stolen by

• a trustee takes land in breach of his role as a trustee
• somebody who is not in possession of the land severs any part of it, eg someone digging up somebody elses garden
• a tenant takes a fixture or structure from land that is let to him

Question 13

describe things in action

Answer 13

something that can be enforced at a later date eg a concert ticket

Question 14

describe other intangible property

Answer 14

refers to non physical items that can still be stolen, eg an idea

Question 15

which three things does the act specifically state cannot be stolen and which parts of the act are each of these stated in

Answer 15

• s4(3) states that any plant wildly growing on any land cannot be stolen, even if the person taking the plant is not in property of the land, unless it is being taken for sale or other commercial purposes.
• s4(4) states that wild animals cannot be stolen
• electricity cannot be stolen however there is a separate offence in s11 of the theft act that deals with this

Question 16

what are the two ways property can belong to someone according to s5(1) of the theft act

Answer 16

• in possession or control of the property

- has a proprietary right in the property

Question 17

describe who can be in possession or control of property

Answer 17

although most of the time it is the owner of the property that has possession or control over it, this is not always the case. for example if X rented a bicycle and it was stolen from X, the theft would still be against X even though they do not own the bike.

Question 18

name a case for proprietary right

Answer 18

-turner, D left his car at the garage and agreed to pay when he collected it. he stole the car back in the night without paying. Although the car belonged to him, it was still a theft against the garage because they had a proprietary right to it.

Question 19

what two other key considerations are there for property belonging to another and what sections of the cat are these in

Answer 19

-property received under obligation s5(3) and property received by mistake s5(4)

Question 20

describe property received under obligation and a leading case

Answer 20

• when a person receives property from another person and is under obligation to that person to deal with the property in a particular way then for legal purposes the property will still be belonging to the other.
• Davidge v Bunnet, D was given money by her flat mates to pay the gas bill but instead spent it on christmas presents.

Question 21

describe property by mistake with a leading case

Answer 21

• where a person gets property by another’s mistake, they are under obligation to make a restoration
• AG’s reference, D was overpaid by £74 and failed to declare this, this was a theft.

Question 22

describe what the act states about dishonesty

Answer 22

s2(1) of the act doesnt give an explicit definition for dishonesty but does give three situations which are not dishonest.

• if a person is in belief that he has the right in law to the property
• if he appropriates the property in the belief that he would have the others consent
• if he appropriates the property in belief that the person whom it belongs to cannot be discovered by taking reasonable steps
• if d does not fall into one of these categories then the courts will follow previous cases to determine whether he was dishonest

Question 23

what is the essential case that will be followed by the courts for proving dishonesty

Answer 23

• r v barton and booth made the test for dishonesty simple in a two step test
• what made the defendant act as they did?
• apply the standards of ordinary reasonable people to compare this.

Question 24

describe what the act states about intention to permanently deprive

Answer 24

• d will have intention to treat the property as his own to dispose of.
• it does not matter if the defendant did not literally mean to deprive the owner of his property forever

Question 25

what is a leading case for intention to permanently deprive

Answer 25

• velumyl, d stole banknotes from his workplace but claimed that once he got given money from his friend he would replace them.
• COA upheld his conviction because although he had intention to replace the notes he was permanently depriving the office safe of the exact bank notes that he took.

Question 26

what does the act say about borrowing or lending

Answer 26

s6 of the theft act says that borrowing could amount to theft if it is kept for a period that amounts to outright taking or disposal. if the ‘goodness, virtue and practical value has gone out of the item’