Theft

Question 1

what section is theft defined in

Answer 1

Section 1 of the theft act 1968 as the dishonest appropriation of property belonging to another with intention of permanently depriving the other of it

Question 2

what is the AR of theft

Answer 2

dishonest appropriation of property belonging to another

Question 3

under S.4(1)

Answer 3

Property can be tangible or intangible

Question 4

what does not constitute property?

Answer 4

under S.4(3) mushrooms, flowers, foliage and fruit that that have been picked from the wild unless for reward or sale under 4.4(4) wild creatures unless in captivity, confidential information Oxford v Moss and bodies / body parts unless used for exhibition /teaching purposes Kelly and Lindsay

Question 5

under S.5(1)

Answer 5

property belonging to another means the victim has possession or control over it

Question 6

for the MENS REA

Answer 6

under S.2 D must be dishonest. The 2 stage test established in Ivey v Genting casinos is used. Firstly the jury must decide what was the actual knowledge or belief of D as to the facts a subjective test and secondly in that context the jury must decide whether’s D behaviour would be regarded as dishonest by the reasonable ordinary decent person an objective test

Question 7

a persons appropriation will not will be dishonest if under

Answer 7

S.2(1)(a) there was the honest belief that he has a legal right to it Small or under S.2(1)(b) there was an honest belief that the owner would consent or under S.2(1)(c) there was an honest belief that the owner cannot be found by taking reasonable steps. The honest belief does not have to be a reasonable belief just honest

Question 8

under S.2(2)

Answer 8

D may still be considered dishonest even if he was willing to pay for the property at a later date

Question 9

under S.6(1)

Answer 9

D must have an intention to permanently deprive which means an intention to dispose of or treat as your own DPP v Lavender