Theft

Question 1

Where is theft defined

Answer 1

s1 Theft Act 1968

Question 2

Define theft

Answer 2

‘To dishonestly appropriate property belonging to another with intention to permanently deprive the other of it’

Question 3

What section is appropriation found ?

Answer 3

S3

Question 4

What’s appropriation?

Answer 4

Any assumption of the rights of the owner including a later assumption by keeping or dealing with it

Question 5

What case says there can be more than one appropriation?

Answer 5

R v Vinall

Question 6

What case says an appropriation includes the right to sell

Answer 6

R v Pitham

Question 7

What does R v Morris state

Answer 7

Not all of the rights have to be appropriated

Question 8

Is deceived consent still appropriation ?

Answer 8

Yes following Lawrence

Question 9

What does R v Gomez state

Answer 9

It’s Still consent even if the owner says yes

Question 10

What case states a gift is an appropriation?

Answer 10

R v Hinks

Question 11

Can an appropriation be on going

Answer 11

No following R v Atakpu & Abrahams

Question 12

What is property? [5]

Answer 12

• Money (cash if any currency)
• Real property (any thing attached to land)
• Personal property (anything that can be picked up)
• Things in action (a right that can be enforced against another)
• Other intangible property (copyright)

Question 13

What section is property defined

Answer 13

S4

Question 14

What cannot be stolen and what section is it found

Answer 14

ss4(3) any item severed if it’s growing wild (blackberries etc..)

ss4(4)Unless it’s for commercial use then it’s stolen

Question 15

What section is belonging to another?

Answer 15

s5

Question 16

Define belonging to another

Answer 16

Possession or control of the property or has a proprietary interest

Question 17

What does R v Tuner state ?

Answer 17

Owner of property can be guilty of theft of their own property

Question 18

What does R v Woodman state?

Answer 18

It’s possible for someone to be in possession or control even if s/he doesn’t know

Question 19

What does Ricketts state?

Answer 19

Goods belong to the original owner until the new owner takes possession

Question 20

Examples of a proprietary interest

Answer 20

• Trust property
• Property received under an obligation (deal with property)
• Property received by mistake

Question 21

Cases for property received under an obligation

Answer 21

• R v Hall (not under obligation)
• R v Klineberg (obligated to deal with in a certain way)
• Davidge v Bunnet (obligation was not fulfilled)

Question 22

Cases for property received by mistake

Answer 22

• AGR (No.1) - under obligation to return overpayment

- R v Gilks - under obligations but actions weren’t enforceable

Question 23

What section is dishonesty

Answer 23

s2

Question 24

Define what dishonestly isn’t

Answer 24

s2(1)-
[A]- right to deprive the other of it on behalf of him or another
[B]- would have consent if the other knew of the appropriation
[C]- person to whom the property belongs to cannot be discovered by taking reasonable steps