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Law > Theft ✅ > Flashcards

Theft ✅ Flashcards

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1
Q

What is the definition of theft?

A

Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it.

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2
Q

What is the maximum sentence for theft?

A

7 years

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3
Q

What is the definition of appropriation?

A

Any assumption by a person of the rights of an owner amounts to appropriation, this includes where he was come by the property (innocently or not) without stealing it, and any later assumption of a right to keeping it or dealing with it’s owner.

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4
Q

What is the significance of R v Morris?

A

Assumed the owners right to price goods - swapping labels

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5
Q

What is the significance of R v Pitham and Hehl?

A

Assuming the owners right to sell goods - sold furniture from someone else’s house

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6
Q

What’s the significance of Lawrence v Commissioner for Met police?

A

Appropriation consent - took money from wallet with consent

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7
Q

What’s the significance of R v Gomez?

A

Consent - persuaded manager to accept stolen valuables and damaged goods

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8
Q

What’s the significance of R v Hinks?

A

Valid gifts can amount to appropriation - v of limited intelligence but understood the concept of theft

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9
Q

What’s the significance of R v Atakent?

A

Appropriation as a continuing act, however appropriation must occur at the time of theft o

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10
Q

What is the definition of property?

A

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

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11
Q

What’s the definition of money?

A

Coins and banknotes of any currency

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12
Q

What is real property?

A

The legal term for land and buildings

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13
Q

What’s the significance of R v Kohn?

A

Cheques drawn when account was in credit is a “thing in action” but when overdrawn is agreed “not a thing in action”

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14
Q

In which situations can land be stolen under S4.(2)?

A

1) a trustee or personal representative takes land in breach of his duties
2) someone not inpossession of the land severs anything from the part of the land
3) a tennant takes a fixture or structure from the land let to him

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15
Q

What is the definition of personal property?

A

Any movable object

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16
Q

What’s the significance of R v Kelly and Lindsay?

A

Dead bodies do not amount to property

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17
Q

What is meant by other intangible property?

A

Rights which have no physical presence but can be stolen - e.g patents / quotas

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18
Q

What’s the significance og Oxford v Moss?

A

Confidential information does not amount to property - Exam questions

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19
Q

In what situation can wild flowers be stolen under S4(3)?

A

If they are taken with the intent to sell, to reward or for any financial gain

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20
Q

In what situation can wild animals become property under S4(4)?

A

If they have been “reduced to possession” meaning tamed and then taken

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21
Q

What is S5 of the theft act - belonging to another?

A

Property shall be regarded as belonging to any person having possession and control of it, having in it any proprietary right of interest.

22
Q

What is S5(2)TA - belonging to another?

A

Trust property

23
Q

What is S5(3) - received under and obligation?

A

Where a person receives property from or on account of another, and I’d under and obligation to the other to retain and deal with that property or it’s proceeds in a particular way.

24
Q

What is S5(4) - Property received by mistake?

A

If a person receives property through another’s mistake, then they are under an obligation to make a restoration - R v Webster

25
Q

What is the significance of R v Turner?

A

A person can be convicted of stealing their own property - stole his own car from a garage

26
Q

What’s the significance of R v Rostron?

A

If property has been lost by the owner, deemed theft.
If property has been abandoned by the owner, deemed not theft.

27
Q

What’s the significance of R v Woodman?

A

It is possible to take possession and control of property without knowing it - Scrap metal left on site after being sold

28
Q

What’s the significance of R v Basildon Mag Court?

A

Bags taken from outside charity shop - theft from different people depending on location of bags

29
Q

What’s the significance of R v Dyke and Munrow

A

Charity street collection and kept money - theft agains the the charity not the donators

30
Q

What’s the significance of R v Webster?

A

Received by mistake - received and sold a second medal given to him by the ministry of defence as they maintained a proprietary interest.

31
Q

What’s the significance of Davidge v Bunnett?

A

Received under an obligation - spent money given by flatmates intended for gas bills on other items

32
Q

What’s the significance of R v Hall?

A

Travel agent received money for flights, never arranged tickets and couldn’t give money back - no obligation to deal with money in a certain way.

33
Q

What’s the significance of Attorney general ref.(1 of 1987)

A

A dishonest intention to keep the money - policeman overpaid and failed to return excess money

34
Q

What is the mens rea of theft s1(2)?

A

It is immaterial whether the appropriation is made with a view to gain or is made for the thief’s own benefit - irrelevant what the motive of the defendant is.

35
Q

What are the 3 circumstances in which a person cannot be considered dishonest under S2?

A

S2(1)(a) A belief of a legal right to the property - does not have to be reasonable

S2(1)(b) A belief that the owner would consent had they known of the appropriation

S2(1)(c) The owner of the property cannot be discovered by taking reasonable steps.

36
Q

What does appropriation of property belonging to another through dishonesty not withstand?

A

If the defendant is willing to pay for the property

37
Q

What is the significance of R v Holden?

A

Thought he nada legal right to the property - took scrap tyres from work as he’d seen others doing so.

38
Q

What is the significance of R v Robinson?

A

Genuine belief of a right to the property - took money that had fallen out of the pocket of someone who owed him money.

39
Q

What’s the significance of R v Small?

A

Only realised the car might have been stolen after driving it - took car which had been abandoned on the street for two weeks

40
Q

What is the Ghosh test used to determine?

A

Dishonesty

41
Q

What is the objective part of the Ghosh test?

A

Has the defendant been dishonest by the ordinary standards of a reasonable and honest person?

42
Q

What is the subjective part of the Ghosh test?

A

Did the defendant realise that he had been dishonest by the standards of a reasonable and honest person?

43
Q

Which part of the Ghosh test was removed from the civil courts in 2017? And during which case?

A

The subjective test during the case of Ivey v Genting casino

44
Q

Which case led to the subjective Ghosh test being removed from the criminal courts in 2020?

A

R v Pabon

45
Q

What does s6 define an intention to permanently deprive as?

A

A person appropriating property belonging to another without meaning the other to lose the thing with the intention to treat the thing as his own to dispose of regardless of the others rights but only if the borrowing or lending is for a period and in circumstances making it an outright taking or disposal.

46
Q

What is meant by specific intent?

A

Offences where the MR is for specific intent - must be intent only - must be full intention

47
Q

What is meant by basic intent?

A

Offenses where recklessness is sufficient for the MR

48
Q

What is the significance of R v Velumy?

A

Intention to permanently deprive the company of those exact banknotes - took money from company safe to pay debts.

49
Q

What’s the significance of R v Zerei?

A

Joyriding not sufficient - no intent to permanently deprive as abandoned 1km from the place it was taken from

50
Q

What’s the significance of DPP v Lavender?

A

Dishonest - didn’t tell council - moved doors from one council property to another

51
Q

What’s the significance of R v Lloyd?

A

Items were returned undamaged so not guilty - borrowed films from cinema and lent to friends who made copies. Films were then returned undamaged.

52
Q

What’s the significance of R v Easom?

A

Nothing damaged or taken so didn’t fulfil intention - went through bag and found nothing of value so gave it back.

Law (16 decks)

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