Theft

Question 1

What is act covers theft?

Answer 1

1968

Question 2

What is theft?

Answer 2

‘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 3

What are the 3 elements in the actus reus?

Answer 3

Appropriates, Property, Belonging to another

Question 4

What are the 2 elements in the mens rea?

Answer 4

Dishonesty, intention of permanently depriving the other of it.

Question 5

What is the legal point in R v Pitham and Hehl?

Answer 5

• D attempted to sell friend in prisons furniture. (Assumed rights)
• Attempting to sell somebody else’s property is theft.

Question 6

How is assumption of rights related to theft?

Answer 6

Any assumptions of the right of the owner, including destroying property is theft.

Question 7

What property is included in theft?

Answer 7

Theft of property can include both tangible and intangible.

Question 8

What are examples of tangible and intangible property?

Answer 8

Tangible = Cash, Wallet etc.
Intangible = Bank account.

Question 9

What is ‘real property’?

Answer 9

Used for land or buildings.

Question 10

How can real property be appropriated (3 ways)?

Answer 10

• A trustee taking land in breach of his duties.
• Someone not in possession of property severs anything forming land.
• Tenant takes a fixture or structure from land let to him.

Question 11

What does property include in s4 of Theft act?

Answer 11

Includes money and all other property real or personal, including things in action and other tangible property.

Question 12

What does not count as property?

Answer 12

Plants and fungi growing wild and wild animals.

Question 13

What is ‘belonging to another’?

Answer 13

Wide-ranging as it’s not always necessary to prove who the legal owner of the property is, rather the person who is in control of property at time.

Question 14

What is the legal point of R v Turner (took his car from garage)

Answer 14

Car was in garages possession and required payment. Therefore guilty for taking own car before paying. (Lien).

Question 15

What is proprietary interest?

Answer 15

When a person owns and is in possession of property, they can still be guilty of theft if somebody else has an interest in it.

Question 16

Property received by accident:

case example

Answer 16

Where property has been handed over to D by another’s mistake and so has become D’s property unless obligation to return. (Attorney general ref)

Question 17

What behaviour is not regarded as dishonest?

Answer 17

• They have the right to deprive somebody (bailiffs).
• They have the others consent.
• Owner of property can’t truly be discovered.

Question 18

What test was made for dishonesty?

Answer 18

Ghosh test. (R v Ghosh).

Question 19

What are the two questions in the Ghosh test?

Answer 19

1st part is objective: Does the reasonable person see it as dishonest?
2nd part is subjective: Did D realise it was dishonest?

Question 20

What did the Supreme Court do to the Ghosh Test?

Answer 20

In Ivey v Genting Casinos got rid of the second half of the Test.

Question 21

Willing to pay:

Answer 21

s2 states its also theft if property is taken regardless of the owners wishes, even if the intention is to pay back later.

Question 22

What case relates to dishonesty?

Answer 22

(R v Robinson) + (R v Small)

Question 23

What are the 6 sections of the Theft Act to remember?

Answer 23

s1: Definition.
s2: Dishonesty.
s3: Appropriation.
s4: Property.
s5: Belonging to another.
s6: Intention to permanently deprive.

Question 24

Borrowing or lending:

Answer 24

Section 6 states that borrowing is not theft unless it is for a period and is brought back in the same conditions.