Theft

Question 1

What is the definition of theft?

Answer 1

‘dishonestly appropriating property belonging to another with intention to permanently deprive’

Question 2

What is stage one of theft?

Answer 2

Appropriation

Question 3

What does s.3 Theft Act 1968 state appropriation is?

Answer 3

Appropriation is ‘any assumption of the rights of the owner’

Question 4

What does the case of Morris state?

Answer 4

assuming one right will be sufficient for appropriation

Question 5

What does the case of Gomez state?

Answer 5

The other elements of the offence, including mens rea, must be present for it to be theft

Question 6

What does the case of Atakpu state?

Answer 6

Appropriation has a beginning and an end- the jury decide when this occurs.

Question 7

What does the cases Gomes; Lawrence state?

Answer 7

The D can still be guilty of theft even when the owner consents to the approriation

Question 8

What does the case of Hinks state?

Answer 8

The D can still be guilty when the property is a gift

Question 9

What does the case of Pitham and Hehl state?

Answer 9

There is no need to show that the D had any physical contact with the property

Question 10

What is the second stage of theft?

Answer 10

Property

Question 11

In s.4 Theft Act 1968 how is property defined?

Answer 11

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

Question 12

The case of Kelly and Lindsey tells us what?

Answer 12

‘personal’ property is all moveable property

Question 13

What does the case of Oxford V Moss tell us?

Answer 13

confidential information cannot be stolen

Question 14

What is stage 3 of theft?

Answer 14

Belonging To Another

Question 15

In s.5(1) Theft Act 1986 how is belonging to another defined?

Answer 15

‘having possession of control of it, or having in it any proprietary interest in it’

Question 16

What does the case of Turner No2 state?

Answer 16

Even if the property is owned by the defendant it can belong to another if someone has legal interest in it.

Question 17

What does the case of Webster state?

Answer 17

A ‘proprietary interest’ occurs when the D owns the property and has control over it, but he can still steal it if another has a proprietary interest in it.

Question 18

What does the case of Davidge V Bunnet tell us?

Answer 18

ownership of property does not transfer to the defendant if there is a clear obligation to deal with the property

Question 19

What does the statute Attorney Generals Reference (No1 of 1983) tell us?

Answer 19

If a person receives property by mistake they could be guilty of theft if they have ‘an obligation to make restoration’ and don’t do so

Question 20

What is stage 4 of theft?

Answer 20

Dishonesty

Question 21

What are the three situations (s.2(1)(a)-(c) where the D would not be dishonest providing they honestly believed this was the case?

Answer 21

s.2(a)- The defendant honestly believes he has the right to deprive the other of it
s.2(b)- The D honestly believes that he would have the other’s consent if the other knew if the appropriation and circumstances
s.2(c)- The D honestly believes that the person whom the property belongs cannot be discovered by taking reasonable steps

Question 22

What does the cases Small; Holden tell us?

Answer 22

It does not matter whether this is an unreasonable belief, providing they honestly believed that this was the case

Question 23

What does the case Ivey V Genting casinos Ltd tell us?

Answer 23

Id the jury are not satisfied that any of the statutory situations apply the judge will advise them to consider the Ivey Test

Question 24

What is stage 5 of theft?

Answer 24

Intention to Permanently Deprive

Question 25

What does the case of Velumyl tell us?

Answer 25

IPD is generally straightforward and usually evident from the facts that the D clearly intends to permanently deprive the person of their property

Question 26

S.6 states the D can be regarded as having the IPD in two situations what are they?

Answer 26

1. They treat the thing as his own to dispose of regardless of the owner’s rights
2. Borrowing or lending may amount to an outright taking if it is for a period of time and in circumstances which make it equivalent to

Question 27

What does the case of Eason tell us?

Answer 27

Conditional intent is not sufficient for theft

Question 28

What does the case of lavender tell us?

Answer 28

It determined that ‘dispose of’ also included ‘dealing with’ property

Question 29

What does the case of Lloyd tell us?

Answer 29

For the borrowing or lending to be considered the same as an outright taking or disposal then the D must keep the property until ‘the goodness, the virtue, the practical value… has gone out of the article’