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LAW -crime > theft > Flashcards

theft Flashcards

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1
Q

what is the definition of theft

A

the definition of theft is under s1 of the theft act 1968 described as a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permantly depriving the other of it

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2
Q

what is the actus reus of theft

A
  • appropriates
  • property
  • belonging to another
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3
Q

what is the mens rea of theft ?

A
  • with the intention of permanently depriving the other if it
  • permanently deprive
  • dishonestly
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4
Q

what section is theft defined in ?

A

S1 of the theft act 1968

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5
Q

defined the 3 elements of theft that must be established for theft to be successful

A

appropriation- s3 of the theft act 1968
s3(1) states that any assumption by a person of the rights of an owner amounts to an appropriation including where he has come by property intentional or not without stealing it , any later assumption of a right to it by keeping or dealing with it as owner
S3(2)

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6
Q

explain appropriation as the assumption of the rights of the owner

A

appropriation means that acting as if you are the owner will amount to appropriation including keeping , using , destroying and selling , consuming, lending as appropriation - for example in
R V MORRIS -

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7
Q

when else can appropriation take place?

A

with the consent of the owner

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8
Q

explain appropriation with the consent of the owner

A

this means that an appropriation can take place even with the consent of the owner eg in LAWRENCE V MPC WHICH was further resolved in GOMEZ

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9
Q

what case is an example of appropriation with the consent of the owner?

A

LAWRNECE V MPC which was further confirmed in GOMEZ that concluded that an appropriation can take place with the owners consent this means that the definition of appropriation is vey wide

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10
Q

which case is an example of an appropriation with the owners rights ?

A

R V MORRIS

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11
Q

can gifts be an appropriation ?

A

YES , house of lords decided that a gift is capable of being an appropriation for theft illistartd in R V HINKS

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12
Q

WHAT case demonstrates that an appropriation can be a gift

A
  • R V HINKS - this is where a man of low intelligence was putting money in an account on dishonest terms following gomez and lawrence it was held that even a gift could amount to appropriation
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13
Q

can someone be guilty of theft if they obtain property innocently , keep it an use it as theft own :?

A

yes under s3(1) if someone borrows an item thinking the owner will forget about it . it is theft

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14
Q

what section is property under in the theft act 1968?

A

2(4) theft act 1968

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15
Q

explain the definition of property using the different sections

A

s4(1)- property includes money , real or personal property , including things in action and other intangible property

s4(2) - a person cannot steal land or things forming part of land ands severed rom it by him or by his discretion

s4(3 ) - provides that mushrooms, flowers , fruit and foliage , growing wild cannot be stolen unless they are taken for reward or slake or commercial use

s4(4) - stats that wild animals cannot be stolen unless they have been tame or are nomally kept in captivity

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16
Q

what are the exceptions to s4(2) regarding property being stolen ?

A

the three exceptions to property being stolen are

1) WHEN he is trusted to sell or dispose of the land and he breaches the confidence
2) WHEN he appropriates from the land by serving , causing it to be severed or taking it after it has ben severed
3) when a tenant takes something from the land that is let to him

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17
Q

explain what is meant by personal property under s4(1) of the theft act 1968

A

personal property refers to any moveable items eg books , chairs , papers etc which was illustrated in R V KELLY AND LIDNSAY -

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18
Q

what case is an example of personal property :?

A

under s4(1) of the theft act 1968 , personal property was demonstrated in r v kelly and lindsay

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19
Q

what is meant by things in action and intangible property?

A

this refers to property that does not [physically exist, but gives the owner legal rights example a bank account

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20
Q

what are some example of things that amount to property under s4 theft act 1968

A
  • electricity does not amount to property
  • intellectual/ confidential info as seen in OXFOD V MOSS
  • TRADE SECRETS SEN IN ABSOLOM
21
Q

what are some things that cannot be stolen?

A

things that cannot be stolen st out in s4(4) and s4(3) of the theft act 1968

  • s4(3) mushrooms , flower foliage or anything that grows wild cannot be stolen unless it is for commercial use
  • s4(4) wild animals cannot be stolen unless they are captive
22
Q

what cases suggests that confidential information is not seen as property under s 4

A

-OXFORD V MOSS

23
Q

what section does belonging to another come under in the theft act?>

A

SECTION 5 of the theft act 1968

24
Q

what is the definition of belonging to another ?

A

s.5(1) belonging to another is defined as “ property should be regarded as belonging to any person having possession or control over it or any proprietary right of interest example R V TUNRNER

25
Q

what does the definition of belonging to another mean

A

it means that it is possible to steal your own property

26
Q

what case was an example of stealing your own property?

A

R V TURNER NO2

27
Q

what is meant by having a property right or interests?

A

this means that where a defendant owns property or is in possession and control of it , he can still be guilty of theft

28
Q

what is an example case that demonstrates that property can be stolen even if its lost?

A

R V WEBSTER - even if the owner is not trying to find it it can still be stolen

29
Q

what are some examples of cases that demonstrate abandoned property

A
  • R V ROSTRON AND COLLINSON
  • RICKETS V BASILDON MAGISTARTES 2011 1 CR REP 15 - d thought the bags were abdonded however they were the property of the owner until oxfam took possession as thats who it was intended for
30
Q

what are the circumstances that S5 makes clear taht a defendant can be guilty of theft even though the property does not belong to another

A
  1. trust property , where a trustee can steal it
  2. property received under obligation this sub section was created to cover situations where money is given to someone for a particular purpose, there is then an obligation to retain and deal/use the money or property in particular way.
31
Q

what is the definition to use property in a particualr way under s5 - THEFT ACT 1968

A

s.5(3) where a person received property from or on account of another, and is under an obligation to the other to retain and deal with the property or its proceeds in a particular way,

32
Q

SUMMERISE what s5. 3 of the theft act 1968 means by using property in a particular way

A

this means that if someone has property in their possession and does not use it in the way it was meant for, they can be liable for theft eg in R V DAVIDAGE AND BENNET - where money wasnt used properly by flat mate for bills

33
Q

what cases demonstrate s5 of the theft act 1968 , using property in a particular way ?

A
  • davidage and bennet ( successful criminal liability
  • r v hall ( Quashed conviction because s5.3 does not apply in this case
  • attorney generals reference no1 1983 - police officer guilty of theft after being over payed
34
Q

why is attorney generals reference no 1 1983 significant ?

A

because it shows that being over payed means the defendant has an obligation to make respirations or they are guilty of theft because property belonging to another received by mistake still belongs to another

35
Q

is there a definition of dishonesty as apart of the mens rea

A

NO , but it is defined through three situations where the defendants behaviour is not considered as dishonest

36
Q

what is the statute/ subsection for the guidance of dishonesty

A

the guidance of what would not be dishonest is under s2(1) of the theft act

37
Q

what is the guidance of what would not be dishonest using the theft act 1968 ?

A

s2(1)a - a persons appropriation of property belonging to another is not to be regarded as dishonest if he appropriates the property in belief that he has the right to deprive the other of it eg R V HOLDEN

S2(1) B - Appropriates the property in the belief that he would have the owners consent

S2(1) C- APPROPRIATES THE PROPERTY IN THE BELIFE THAT THE PERSON who the property belongs to cannot be discovered R V SMALL - genuine belife that the property had been abandonded

38
Q

what cases act as evidence for the guidance on what is not dishonest using s 2of the theft act 1986

A

R V HOLDEN - d believed he had the right to take the tyres which is why his conviction was quashed as he though he had consent to take the tyres

  • R V SMall , genuine belief that the property had been abandoned because it was left in the same location for two weeks
39
Q

what is the Ghosh test ? and has it been replaced by another test

A

the ghost test used to be the leading case on the meaning of dishonesty, which was used to direct the jury it was replaced
with the ivey test because it was held that was not effective

40
Q

explain the ghost test

A

the ghost test has to have both a subjective and objective element which were

1) was what was done dishonest according to the standards of a reasonable person
2) did the defendant realise that what he was doing was dishonest by the standards of a reasonable person

41
Q

what is meant by an objective test ||?

A

this looks at the perspective of a reasonable person

42
Q

what is meant by subjective test ?

A

this is concerned with the defendants perspective

43
Q

why did the courts replace the ghost test with the ivey test ?

A

because they believed that the ghost test did not effectivley represent the law so tehy removed the subjective part of the tets ( the defendants perspective)

44
Q

what is the ivey test

A

-purely (objective) would a reasonable person think that its dishonest
which has been confirmed in the case of barton and booth v R

45
Q

what case was the ivey test confirmed in ?

A

BARTON AND BOOTH V R

46
Q

WHAT IS SECTION 6 of the theft act 1986

A

section 6 refers to the intention to permanently deprive which also includes treating and disposing of the property as his own

47
Q

what cases are examples of intention to permantley deprive ?

A

R V VELUMY - having the intention on replacing them , its an example of treating the property as its own and permantley deprive the other of it

dpp v lavender

48
Q

what have the courts said about borrowing

A

borrowing a pen or a buss pass s.6 states that this is not theft unless its for a period of time

49
Q

give three evaluations of theft

A

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LAW -crime (25 decks)

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