Theft

Question 1

What elements (actus reus and mens rea) are required to be guilty of theft

Answer 1

ACTUS REUS
appropriation
of property
belonging to another

MENS REA
dishonesty
intention to permanently deprive

Question 2

How is theft defined - act, section, definition

Answer 2

Section 1 Theft Act - “A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it”

Question 3

Appropriation - act, section, definition

Answer 3

Section 3 Theft Act - “Any assumption by a person of the rights of an owner”

Question 4

What is included in appropriation?

Answer 4

Taking something and keeping it
Selling
Destroying and damaging it
Modifying or changing it
Lending it to someone else

Question 5

Appropriation case and also the case which states you don’t need to touch anything to appropriate it

Answer 5

McPherson

Question 6

What does the case of A____ and A____ tell us about appropriation

Answer 6

Appropriation can be a continuing act but the jury decides when it stops
Atakpu and Abrahams

Question 7

What does the case of R v M___ tell us about appropriation

Answer 7

Swapping labels in a store is appropriation
R v Morris

Question 8

What does the case of N___ tell us about appropriation

Answer 8

If there is no appropriation there is no theft – even if there is intention to steal
Niman

Question 9

What does s.3 Theft Act tell us about appropriation

Answer 9

Someone who purchases stolen items without knowledge is not guilty, even if they find out the items were stolen at a later date - R v Adams

Question 10

What does the case of G____ tell us about appropriation

Answer 10

If the owner consents to the appropriation this will not be theft – UNLESS this consent is obtained by deception
Gomez

Question 11

What does the case of L__tell us about appropriation

Answer 11

Theft can be found even where the victim consented to the appropriation
Lawrence

Question 12

What does the case of H____ tell us about appropriation

Answer 12

There can be appropriation even if something is given as a gift – if there is deception
Hinks

Question 13

How is property defined in Section 4 Theft Act

Answer 13

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

Question 14

What is included in property

Answer 14

• Money
• Personal property - phone, bag etc.
• Real property - Buildings
• Things in action - money in a bank account
  Intangible property - things that cannot be seen but can class as property
  Bodily fluids - R v Welsh

Question 15

Cases for things in action

Answer 15

R v Kohn - cheques
Darroux v X - overtime

Question 16

Things that are not classed as property

Answer 16

Corpse - R v Sharpe
Confidential Information - Oxford v Moss
Electricity - Low v Blease

Question 17

Things that are not classed as property unless something happens to them

Answer 17

Wildflowers - Unless they are resold for profit - section 4(3) Theft Act

Wild animals - unless they are pets/possessions - Section 4(4) Theft Act

Body Parts - Unless skill is being applied to them - R v Kelly and Lindsay

Question 18

Belonging to another - section with definition

Answer 18

Section 5 Theft Act 1968
Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest

Question 19

Things that are included in ‘belonging to another’

Answer 19

• Another person owning something
  
  • Another person having possession or control of something
  • Wide interpretation of ‘belonging to’ - includes stealing your own property in some situations (R v Turner) - car at garage
  • Obtaining another persons property by mistake and keeping it (s.5(4)) (AG’s Ref) - extra wages
    Being given another persons property for a specific reason and using it for something else (under an obligation - s.5(3) (Davidge v Bunnett) - gas bill, christmas presents

Question 20

Includes if someone else has a ‘proprietary interest’ over the property. Explain what this means and include a case.

Answer 20

S.5(2) states that property held in trust belongs to anyone who has the right to enforce the trust, and an intention to defeat the trust is an attempt to deprive the person of that property

R v Marshall
D resold partly used underground tickets

Question 21

Due to the case of Ivey v Genting, what does the jury have to ask when considering dishonesty?

Answer 21

What was the state of D’s knowledge or belief as to the facts?

Were their actions dishonest by the standards of ordinary decent people?

Question 22

However, section 2 does state what will NOT be classed as dishonest:

Answer 22

D has the right to deprive the owner of the property (R v Dobinson 1977)

D would have consent of the owner in the circumstances (R v Holden 1991)

Person who the property belongs to cannot be discovered by taking reasonable steps (R v Small 1988)

Question 23

Dishonesty is left to the jury to decide - case

Answer 23

R v Feely

Question 24

Intention to permanently deprive - section and definition

Answer 24

Includes “treating the thing as his own to dispose of regardless of the other’s rights”

Also includes borrowing and returning it in a less valuable way

Question 25

Two cases for ITPD

Answer 25

R v Lavender - council doors - moved from building to house - guilty

R v Lloyd - borrowed films from cinema, returned them in time and undamaged - not guilty

Question 26

What does the case of R v Easom tell us - ITPD

Answer 26

ITPD does not include condition intent (only would steal something valuable)

Question 27

What does the case of R v Raphael tell us - ITPD

Answer 27

ITPD does include using their property for ransom

Question 28

What does the case of R v Velumyl tell us - ITPD

Answer 28

ITPD includes intention to replace something with identical property.

Question 29

What does the case of R v Fernandes tell us - ITPD

Answer 29

ITPD includes intending to return property but cannot be sure of its return

Question 30

What does the case of R v Mitchell tell us about ITPD

Answer 30

ITPD does not include just abandoning property.