Theft

Question 1

what is the definition of theft?

Answer 1

section 1 of Theft Act 1968 -‘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 actus reas parts of the theft definition?

Answer 2

s3- appropriates
24- property
s5- belonging to another

Question 3

what are the mens rea parts of the theft definition

Answer 3

s2- dishonestly

s6- intention of permanently depriving

Question 4

what is appropriation?

Answer 4

s.3 (1) of theft act
‘an assumption by a person of the rights of the owner’
taking something belonging to another.

Question 5

morris (1984)

Answer 5

switching of labels on property owned by supermarket, appropriating owners rights

Question 6

appropriation by assuming the rights to sell:

Answer 6

R v Pitham and Hehl (1977)

offered to sell friends property who was in prison

Question 7

consent to appropriation:

Answer 7

Lawrence (1972)

D can appropriate an item with the consent of the owner if they thought that D was taking what was owed to him.

Question 8

theft with expressly or impliedly authorised by the owner of the goods or consented to him:

Answer 8

R v Gomez (1993),

Question 9

what is the maximum penalty for theft?

Answer 9

S. 7 sets out the maximum penalty for theft of 7 years.

Question 10

what kind of offence is theft?

Answer 10

triable-either-way

Question 11

consent without deception

Answer 11

R v Hinks (2000) woman using older man, gifted her constitutes appropriation

Question 12

s.4 property

Answer 12

property includes money and all other property real or personal including things in action and other intangible property

Question 13

can dead bodies, body parts be considered as personal property?

Answer 13

yes

R v Kelly and Lindsay

Question 14

what is an example of property that is ‘things in action’

Answer 14

bank account

Question 15

does confidential info pass as intangible property?

Answer 15

No

Oxford v Moss knowledge is not property

Question 16

s.5 belonging to another

Answer 16

property must belong to another, wide definition so prosecution does not have to prove who the legal owner is

Question 17

can owner be convicted of stealing his own property?

Answer 17

yes R v Turner , garage were in possession of his car until the payment is made, D guilty

Question 18

is it possible for someone to be in possession/control of property even though they do not know it was there?

Answer 18

yes R v Woodman , D took remaining scrap metal, convicted even though company had no knowledge of it

Question 19

items left at doorstep are in possession of whom?

Answer 19

in the possession of the person for whom the goods are left R v Basildon

Question 20

what is the law on property received by mistake?

Answer 20

Attorney-Generals Reference , D receieved over payment of wage, reognised yet did not return, convicted as there is an obligation to return it

in some cases there is no obligation to return money , R v Gilks

Question 21

s. 2 dishonestly

Answer 21

there are 3 exceptions where persons behaviour is not considered to be dishonest

Question 22

what are the 3 exceptions to dishonestly?

Answer 22

1. believes he has a right in law
2. believes he would have the others consent
3. the owner cannot be discovered

Question 23

what is the case for exception 1) believes he has a right and actions are reasonable)

Answer 23

Small , thought car had been dumped

Question 24

what are the 2 sections of the ivy test?

Answer 24

a) what was D’s actual state of beliefs as to the facts

b) was his conduct dishonest by the standard of ordinary decent people?

Question 25

s6 intention to permanently deprive

Answer 25

the final element which is to be proved, treat the thing as his own to dispose off regardless of the other’s rights

Question 26

intention to permanently deprive remains true even if D intends to replace the money later

Answer 26

R v Velumyl (1989)

conviction upheld even though D intended to return the borrowed money, the same exact banknotes will not be returned

Question 27

borrowing is not theft unless it is for a period and in circumstances making it equivalent to an outright taking or disposal.

Answer 27

R v Lloyds

held that this meant borrowing it until the ‘goodness’ or practical value must have gone from the property

Question 28

DPP v J and others

Answer 28

took, broke v’s headphone, permanently depriving as they can no longer function in the same way they did

Question 29

DPP v Lavender

Answer 29

ruled that the dictionary definition of ‘dispose of’ was too narrow as a disposal can include ‘dealing with’ property

Question 30

conditional intent

Answer 30

where D examines property to see if there is anything worth stealing R v Easom, not convicted as conditional intent is not enough to convict

Question 31

a later assumption of a right

Answer 31

can be appropriation where d acquires property without stealing it, but later decides to keep it or deal with the property as the owner.

Question 32

‘belonging to another’ and property received under obligation

Answer 32

where property is handed over to D on basis that D will keep it for owner or deal with it in particular way, theft act tries to ensure property is still considered to ‘belong to another’
Davidge v Bunnet