Theft

Question 1

Defined under

Answer 1

Section 1 of Theft Act 1968

Question 2

Definition

Answer 2

A person guilty of theft if he dishonestly appropriates property belonging to another with intention to permanently deprive another of it

Question 3

Section 3 AR

Answer 3

Appropriation of property is to assume rights
Only need to assume one right Morris
It’s possible to appropriate With owners consent Lawrence
Appropriation can occur at one point in time and is not a continuing act
S3 1 can be If D aquires property without stealing but later decides to keep it

Question 4

Section 4 - AR

Answer 4

Property included money,real or personal property things in action and other intangible items
Cannot steal wild flowers foliage fungi unless to sell cannot steal info Oxford v Moss
A corpse is not property body parts / fluids can be if used in training /exhibition Kelly v Lindsay

Question 5

Section 5 AR

Answer 5

1 BTA is any person in possession or control or whom has proprietary rights or interest in the property Turner
3 If recipient is legally obligated to deal in particular way property bta until obligation is carried out Davidge v Bunnett
4 If received property by mistake property belongs to who made the mistake until restoration AG Ref 85

Question 6

Section 2 MR

Answer 6

No legal definition of dishonesty motive irrelevant
Three situations not dishonest Belief of s2 1a legal right ,s2 1b consent s2 1c it’s abandoned
If above not relevant - Ghosh to test if dishonest
A:If ds actions dishonest to standards of reasonable and honest people -Objective
B: Did D realise what he was doing was dishonest by those standards?
Supreme Court 2017-Subjective doesn’t represent law Ivey v Casino

Question 7

Section 6 MR

Answer 7

Borrowing
Conditional intent is not sufficient where D intends to steal only if there is something of value worth stealing Easom