Theft

Question 1

what is the act?

Answer 1

Theft Act 1968

Question 2

What is the section?

Answer 2

Section 1 (1)

Question 3

Definition of theft?

Answer 3

The dishonest appropriation of property belonging to another with intention of permanently depriving the other of it

Question 4

Actus Reus? 3

Answer 4

The appropriation
Of Property
Belonging to another

Question 5

Appropriation, Section?

Answer 5

s 3

Question 6

Appropriation definition

Answer 6

Any assumption by a person of the rights of an owner.

Question 7

What can appropriation include?

Answer 7

Where they have come by the property without stealing, any later assumption of a right to it by keeping or dealing with is as owner

Question 8

Can it still be theft even when the owner consented to the appropriation?

Answer 8

Yes - R v Lawrence

Question 9

R v Lawrence

Answer 9

Took taxi, paid driver but wasn’t enough, driver reached into wallet and took more. V consented but still was theft

Question 10

Property, Section?

Answer 10

Section 4

Question 11

Definition of property

Answer 11

Money and all other property, real or personal, including things in action and other intangible property

Question 12

What cannot be stolen?

Answer 12

Land, mushrooms etc growing wild unless picked for financial gain, wild creatures unless tamed or in possession of another.

Question 13

Can confidential information be stolen?

Answer 13

No - Oxford v Moss

Question 14

Oxford v Moss

Answer 14

Stole confidential exam papers - did not amount to property

Question 15

Belonging to another section?

Answer 15

Section 5

Question 16

Definition of belonging to another

Answer 16

Belonging to any person having possession or control of property, or having any proprietary right or interest in it

Question 17

What does Davidge v Bennett establish?

Answer 17

That property remains belonging to another if there is an obligation to deal with it in a certain way

Question 18

Does property received mistakenly remain property belonging to another?

Answer 18

Yes, if there is a legal obligation to return.

Question 19

Mens rea of theft?

Answer 19

Dishonesty, and

Intention to permanently deprive

Question 20

Dishonesty section

Answer 20

Section 2

Question 21

What isn’t dishonest 1

Answer 21

If the defendant has in law the right to deprive the other of it, or

Question 22

What isn’t dishonest 2

Answer 22

If D would have the other’s consent if the other knew of the appropriation and the circumstances of it, or

Question 23

What isn’t dishonest 3

Answer 23

If the person to whom the property belongs cannot be discovered by taking reasonable steps

Question 24

What is the test for dishonesty? 2

Answer 24

Decide what the individual knew about what they were doing and what the surrounding circumstances were,

Assuming that state of knowledge, decide whether a ordinary decent member of society would say what was done was dishonest. (D’s personal standards do not matter)

Question 25

Intention of permanently depriving section?

Answer 25

Section 6

Question 26

When could intention of permanently depriving be found?

Answer 26

If the person treats the thing as their own to dispose regardless of the other’s rights

Question 27

Under s 6 (2) when else is there an intention to permanently deprive?

Answer 27

If the thing is returned but some of its value has diminished