Theft

Question 1

What is the definition of theft under S1 Theft Act 1968?

Answer 1

Dishonest appropriation of property belonging to another with intention to permanently deprive

Question 2

What section is appropriation under?

Answer 2

Section 3 of Theft Act 1968

Question 3

What is the definition of appropriation?

Answer 3

Any assumption of the rights of the owner

Question 4

What does the case Morris say?

Answer 4

D does not have to assume all the rights of the owner

Question 5

What does the case Gomez say?

Answer 5

All elements of the offence must be present

Question 6

What does the case Atakpu say?

Answer 6

Appropriation can be a continuing act

Question 7

What does the cases Lawrence;Gomez say?

Answer 7

D can still be guilty even when the owner gives consent to the appropriation

Question 8

What does the case Hinks say?

Answer 8

Appropriation can be a gift

Question 9

What does the case Pitham and Hehl say?

Answer 9

D doesn’t have to have any physical contact with the property for it to be appropriation

Question 10

What section is property defined under?

Answer 10

Section 4 of Theft Act 1968

Question 11

What is property defined as?

Answer 11

Money and all other property, whether real or personal, including things in action and other intangible property

Question 12

What does the case Kelly and Lindsay say?

Answer 12

Personal property is all moveable property

Question 13

What do wild animals and plants need to be before being stolen?

Answer 13

They need to be reduced into possession

Question 14

What does real property mean?

Answer 14

Land and thing’s attached to land

Question 15

What section is Belonging to Another defined in?

Answer 15

Section 5(1) of Theft Act 1968

Question 16

What is belonging to another defined as?

Answer 16

Belonging to a person having possession or control of it, or having in it any proprietary interest

Question 17

What does the case Turner No.2 say?

Answer 17

Even if property is owned by D it can belong to another if someone else has legal interest in it

Question 18

What does the case Webster say?

Answer 18

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

Question 19

What does the case Hall say?

Answer 19

Property received under obligation remains the property of original owner

Question 20

What does the case Davidge V Bunnett say?

Answer 20

Ownership of property does not transfer to the defendant if there is a clear obligation to deal with the property in a particular way 

Question 21

What does the case AG’s Ref No1 say? 

Answer 21

If a person receives property by mistake, they have an application to make restoration 

Question 22

What section is dishonesty defined under?

Answer 22

Section 2 of the theft act 1968

Question 23

Does the theft act define dishonesty?

Answer 23

No

Question 24

What does section 2(1)(a) say about what D believes is not dishonest?

Answer 24

D believes that he has the right to deprive the other of it

Question 25

What does section 2(1)(b) say that defendant believes is dishonest?

Answer 25

D believes that he would have the others consent

Question 26

What does section 2(1)(c) say D believes isn’t dishonest?

Answer 26

D believes that the person to whom the property belongs to cannot be discovered by taking reasonable steps.

Question 27

What does the case Small;Holden say?

Answer 27

It does not matter whether these are unreasonable beliefs, providing it was a genuine belief

Question 28

What does the case Ivey V Genting casinos Ltd say?

Answer 28

If the jury is not satisfied that any of the statuary situations apply, the judge, will advise them to consider the IV test

Question 29

What must the jury be satisfied with in the Ivey test?

Answer 29

They must be satisfied that the defendants conduct would be regarded as being dishonest, according to the ordinary standards, of honest and reasonable person

Question 30

Is the Ivey test objective or subjective?

Answer 30

Objective

Question 31

What section is intentionally to permanently deprive defined in? 

Answer 31

Section 6 of theft act, 1968 

Question 32

What is the definition of intention to permanently deprive? 

Answer 32

Where the defendant clearly intends to permanently deprive the person of the property 

Question 33

What case states the definition of intention to permanently deprive? 

Answer 33

Velumyl

Question 34

What does the case of Easom say?

Answer 34

Conditional intent is not sufficient for theft 

Question 35

Section 6 states that D can be regarded as having the intention to permanently deprive the other of it when?

Answer 35

They intend to treat the thing as his own to dispose of regardless of the others rights 

Question 36

What does the case lavender say? 

Answer 36

Dispose of also means dealing with the property 

Question 37

What does the case Lloyd say? 

Answer 37

Borrowing or lending is considered the same as outright taking or disposal when defendant must keep property until the goodness of virtue, the practical value has gone out of the article