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Law Year 13 > Theft > Flashcards

Theft Flashcards

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1
Q

What is theft under?

A

Theft Act1968

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1
Q

What is the definition of theft?

A

A person is guilty of theft if (s)he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.’

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1
Q

What is theft definition from?

A

S.1

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2
Q

S.2

A

Dishonesty

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3
Q

S.3

A

Appropriation

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4
Q

S.4

A

Property

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5
Q

S.5

A

Belonging to another

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6
Q

S.6

A

Intention to permanently deprive the other of it.

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7
Q

S.7

A

Maximum sentence is 7 years imprisonment.

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8
Q

What does appropriation mean?

A

The assumption of any rights of the owner. Must take over one of the rights.

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9
Q

What rights does appropriation cover?

A

Selling, destroying, possessing, consuming, using, lending, hiring, etc.

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10
Q

Give a case for appropriation of rights.

A

R v Pitham v Hehl [1977]

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11
Q

Only one right, case.

A

R v Morris

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12
Q

What does consent to appropriation mean?

A

Generally, consent to appropriation = no theft.
Courts will look at ‘genuine consent.’

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13
Q

Give a case for consent.

A

Lawrence v Commissioner for Metropolitan Police [1972]
(Italian exchange student)- must be aware, to give consent.

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14
Q

Give the main case for consent! DE DE DE DE CLICK CLICK DE DE DE DE CLICK CLICK

A

R v Gomez

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15
Q

What is the principle of Gomez? Does consent mean no appropriation and what case did this derive from? LOTS OF THE DETAIL NOT NEEDED HERE IN EXAM.

A

In Gomez, the point of law which were raised were as follows:
“When theft is alleged and that which is alleged to be stolen passes to the defendant with the consent of the owner, but has been obtained by false representation, has:
An appropriation within the meaning of section 1(1) of the Theft Act 1968 taken place; OR
Must such a passing of property necessarily involve an element of adverse interference with some right of the owner?
The House of Lords by majority voted for point ‘a.’
They pointed out that the rule in Lawrence meant that appropriation can take place even when consent has been granted by the owner.

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16
Q

What is consent without deception, can a gift amount to appropriation?

A

If consent is made without deception, is it still appropriation?
Gomez – consent is irrelevant
Accepting a gift can amount to appropriation.

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17
Q

Give a case for consent without deception

A

R v Hinks [1998]

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18
Q

What section is later assumption of right? What does it mean?

A

S. 3(1) – appropriation for the purpose of theft can occur after the defendant has acquired the property.

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19
Q

What is property?

A

“Property includes money and all other property real or personal, including things in action and other intangible property.”

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20
Q

Name the 5 types of property.

A

Money
Real Property
Personal Property
Things in Action; and
Other Intangible Property

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21
Q

What is personal property classed as? What must it have.

A

Tangible, moveable objects.
E.g. jewellery, clothes, books, car, etc.
Are body parts classed as personal property?
Must have formed some value.

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22
Q

Give a case for personal property. (body parts)

A

R v Kelly and Lindsay [1998]
(body parts)

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23
Q

What is real property?

A

xxx

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24
Q

Real prop

A

xxx

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25
Q

real prop

A

xxx

26
Q

real prop

A

xxx

27
Q

What is Things in Action and Other Intangible Property?

A

Property which doesn’t physically exist.
Rights which are enforceable in court.

28
Q

Give examples of Things in Action and Other Intangible Property?

A

Cheques;
Copyright;
Registered designs and trademarks;
A ticket for the right to attend an event.
Other intangible property include other rights, e.g. permission to transport or export goods)

29
Q

Give a case for Things in Action and Other Intangible Property.

A

A-G of Hong Kong v Chan Nai-Keung [1987]

30
Q

Can knowledge be stolen? Give a case.

A

Oxford v Moss (1979) 68 Cr App Rep 183

31
Q

Under S.4(3) what cannot be stolen and when can it be?

A

S.4(3) – wild flowers, fruit, mushrooms, etc.
Can be stolen if taken for a rewards or other commercial purpose.

32
Q

Under S.4(4) what cannot be stolen and when can it be?

A

S. 4(4) – wild creatures not tamed or kept in captivity (including carcases).
Can be stolen if reduced into possession by or on behalf of a person.

33
Q

What is belonging to another?

A

S. 5 – property must belong to another (wide definition):
“Property shall be regarded as belonging to any person having possession or control of it, or having in it any propriety right or interest”

34
Q

Name the three types of property belonging to another?

A

Possession;
Control; and
Proprietary Interest

35
Q

Does it have to be the legal owner?

A

NO!

36
Q

Give 3 cases for belonging to another?

A

R v Turner (No. 2) [1971]
Ricketts v Basildon Magistrates [2011]
R v Woodman [ 1974]

37
Q

What is Propriety Interest? Give a case.

A

Interest in the property.
R v Webster [2006]

38
Q

What act says that a person can be guilty of theft if the property doesn’t belong to another?

A

S. 5 of the Theft Act 1968 makes it clear that in certain situations a defendant can be guilty of theft even though the property may not ‘belong to another.’
These are situations in which the defendant is acting dishonestly and has caused a loss to another or has made a gain.

39
Q

How can it occur- the theft of a property not belonging to another?

A

The ways in which this can occur are:
Trust Property – If the trustee uses property belonging to the beneficiaries for their own personal gain;
Property received under an obligation; and
Property received by another’s mistake.

40
Q

What is S.5(3)?

A

S. 5(3)
“Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property in a particular way, the property shall be regarded as belonging to another”
Keep property on behalf of owner.
Deal with property in a specific way.

(Received under obligation)

41
Q

Give some cases for received under obligation.

A

Klineberg and Marsden [1999]
R v Hall [1973]
Davidge v Bunnett [1984]

42
Q

Explain charity and give cases.

A

If money is donated to a charity there is an obligation that that money will be transferred to that said charity.
The question here is whether or not the money paid to the charity must be the same coins and notes that were donated.
R v Wain [1995]

43
Q

What is S.5(4)?

A

S. 5(4)
“Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) … intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds”
Obligation to make restoration of property.

(received by mistake)

44
Q

Give two cases for S.5(4)

A

Attorney-General’s Reference (No. 1 of 1983) [1985] QB
R v Gilks [1972]

45
Q

Is there a statutory definition of dishonesty?

A

NO

46
Q

What does the act provide?

A

Act provides situations where a defendant’s actions will not be classed as being dishonest:

47
Q

What does the act say under S. 2(1) of the Theft Act 1968 for situations classed as not being dishonest? Give the section (a) etc.

A

S.2(1) of the Theft Act 1968 provides that a person’s appropriation of property belonging to another is not to be regarded as dishonest if s/he appropriates the property in the belief that:
S. 2(1)(a) – s/he has a right in law to deprive the other of it, on behalf of him/herself or of a third person; or
S. 2(1)(b) – s/he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
S. 2(1)(c) – the person to whom the property belongs cannot be discovered by taking reasonable steps.

48
Q

Give a cases for dishonesty.

A

R v Robinson [1977]
R v Holden [1991]
R v Small [1987]

49
Q

Does the Ghost test apply?

A

NO

50
Q

What was the Ghosh Test?

A

Test was developed in R v Ghosh:
Was the actions of the defendant dishonest according to the ordinary standards of reasonable and honest people? And, if so…
Did the defendant realise that what he was doing was dishonest by those standards?

(First element of the test is objective (standard of the reasonable person)
Second part is subjective (based on defendant’s standard))

51
Q

What is Ivey v Genting Casinos [2017] develop and say?

A

The impact of Ivey is that the courts should follow a single objective test when establishing whether a defendant has acted dishonestly:
The jury must consider whether what was done (by the defendant) was dishonest according to the ordinary standards of the reasonable and honest person.

52
Q

What case was the ruling in Ivey used?

A

The case of DPP v Patterson [2017] EWHC 2820 has since followed the ruling in Ivey.

53
Q

In what case did the COA correct test to use is the one in Ivey?

A

R v Barton and Booth [2020] – COA confirms correct test to use is that in Ivey.

54
Q

What is the intention to permanently deprive and what is the section?

A

Second element of the mens rea.
Usually straight forward, i.e. spent money taken or consumed something, etc.
S. 6 Theft Act 1968:

55
Q

Is the rules on I to PD straight forward?

A

Issues relating to intention when the intention is not clear.

56
Q

Give a case on the intention to permanently deprive.

A

R v Velumyl [1989]
The appeal was dismissed, and he was held guilty of theft.

57
Q

Section 6(1) means…

A

the defendant will be guilty of theft if they also treat the property as their own to ‘dispose’ of.

58
Q

What does dispose mean?

A

Dispose = “to deal with definitely, to get rid of, to get done with, finish. To make over by way of sale or bargain or sell.
Oxford Dictionary Definition
Also includes dealing with property.

59
Q

Give cases for ‘dispose’.

A

DPP v Lavender [1994]
R v Marshall, Coombes & Eren [1998]
The convictions were upheld. The appellants had intended to treat the tickets as their own to dispose of regardless of the other’s rights within the meaning of s.6.

60
Q

Explain borrowing and lending.

A

Borrowing usually not an intention to permanently deprive:
Must do something equivalent to an outright taking or disposal.
Requires all the goodness, virtue and practical value to be taken.

61
Q

Give a case for borrowing and lending.

A

R v Lloyd [1985]

62
Q

What is conditional interest?

A

What if a defendant examines property to see if there is anything worth stealing but doesn’t take anything?
No intention to permanently deprive.

63
Q

Give a case for conditional interest.

A

R v Easom [1971] 1 QB 315

Law Year 13 (16 decks)

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