Theft

Question 1

define theft, where is it found?:

Answer 1

Theft Act 1968

dishonestly appropriate property belonging to another with intent to permanently deprive

Question 2

what is the AR of theft

Answer 2

1. Appropriate s3
2. Property s4
3. Belonging to another s5

Question 3

1. Appropriate (s3)

Answer 3

assumption of the rights of an owner // R v Morris

• can be with consent // R v Gomez
• without stealing
• gifts // R v Hinks

Question 4

r v Morris

Answer 4

switching labels is an appropriation

Question 5

r v Gomez

Answer 5

appropriated with consent is valid

Question 6

r v Hinks

Answer 6

gifts can be appropriated

Question 7

2. Property (s4)

Answer 7

tangible/intangible

i.e money, things in action i.e tickets

NOT corpus/body parts unless preserved for science
R v Kelly and Lindsay

NOT condfidential info // Oxford v Moss

Question 8

R v Kelly and Lindsay

Answer 8

corpses and body parts not property unless preserved for scientific benefit

Question 9

Oxford v Moss

Answer 9

looked at exam answers

can’t steal confidential information

Question 10

3. Belonging to Another

Answer 10

anyone with:

• possession/ control over it - turner
• proprietary interest - R v Webster
• not handled in obliged way - Davidge v Bunnett
• received by mistake

Question 11

MR of theft

Answer 11

1. Dishonestly

2. Intention to Deprive

Question 12

MR - Dishonestly

Answer 12

not dishonest

• relief of legal right
• consent / Holden
• owners undiscoverable

IVEY TEST

• establish what D knew
• would the ordinary person say it was dishonest

Question 13

MR - Intention to deprive

Answer 13

• treat as own to dispose of // Velumyl
• property value diminished // Lloyd

NOT CONDITIONAL INTENT // easom