Theft

Question 1

What is the definition of theft?

Answer 1

‘Dishonest appropriation of property belonging to another with the intention to permanently deprive’

Question 2

what is theft governed under?

Answer 2

S1 Theft Act 1968

Question 3

what 5 areas can theft be split into?

Answer 3

1. appropriation
2. property
3. belonging to another
4. dishonesty
5. intention to permanently deprive

Question 4

what is ‘appropriation’?

Answer 4

assuming the rights of the owner.
can occur with consent.

Question 5

what case example can be used for ‘appropriation’?

Answer 5

Morris - D swapped labels on items in a shop so he could pay a lower price. Guilty.

Question 6

what is ‘property’?

Answer 6

‘money and all other property, real or personal, including things in action and other intangible property’

Question 7

what case example can be used for ‘property’?

Answer 7

Oxford and Moss - Ds stole exam questions off paper. Not guilty as knowledge cannot be stolen.

Question 8

what is ‘belonging to another’?

Answer 8

ownership, possession and control of the item

Question 9

what is belonging to another S5(3) and S5(4)?

Answer 9

S5(3) = money given, must be used in a particular way
S5(4) = if D is given the item/money by mistake they have a legal duty to return it

Question 10

what case example can be used for ‘belonging to another’?

Answer 10

Turner - D left his car at a garage but picked it up before it was finished. As the garage had OPC of the car at the time, he was guilty of theft.

Question 11

what is ‘dishonesty’?

Answer 11

the act doesn’t state what dishonest is but it states when someone is not dishonest.

Question 12

what are the three statements explaining what dishonesty is not?

Answer 12

S2.1.a = if D believes they have the right to take it
S2.1.b = if D believes V would consent to them taking it
S2.1.c = D believes V cannot be found

Question 13

what is the barton-booth test?

Answer 13

1. D’s knowledge and beliefs as to the facts
2. Would the D’s conduct be considered dishonest by the standards of the ordinary, decent person?

Question 14

what does ‘intention to permanently deprive’ mean?

Answer 14

D must have the intention to permanently deprive.
Generally - deprives forever
Money - doesn’t return exact notes/coins
If borrowed - when returned it is wholly diminished
Conditional intent - seeing if there’s anything worth stealing

Question 15

what case example can be used for ‘intention to permanently deprive’?

Answer 15

Lloyd - D took a cinema reel home and copied it but brought it back before the next showing. Not guilty as it had not wholly diminished in value.