Theft Flashcards

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1
Q

What section and act can theft be found in

A

S1 theft act 1968

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2
Q

What is the definition of theft

A

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

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3
Q

What is the 5 part test we look at for theft

A

Dishonesty, appropriation, property, permanently depriving and belonging to another

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4
Q

What 3 of the 5 part test in theft are actus reus

A

Appropriation, property and belonging to another

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5
Q

What 2 of the 5 part test of theft are mens rea

A

Dishonesty and permanently depriving

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6
Q

What is meant by the term appropriation in theft

A

Any assumption of the owners rights, this can mean D has taken their own rights too far or have treated an item as their own

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7
Q

What case would you use for appropriation in theft

A

Morris

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8
Q

What are some examples of what appropriation could be in theft

A

Take, sell, destroy, use, consume, lend, hire…

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9
Q

What does appropriation say about later assumption in theft

A

Appropriation includes later assumption of a right where a person initially comes by the property without having stolen it

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10
Q

What does appropriation say about consent

A

There can be an appropriation even where the owner consents to it if that consent is obtained by deception

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11
Q

What case would you use for consent in appropriation

A

Lawrence

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12
Q

What section of the theft act does appropriation fall

A

under S3(1)

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13
Q

What is the definition of property in theft

A

Property includes money, real property and personal property including things in action and other intangible property

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14
Q

What case would you use for ropery in theft

A

Kohn

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15
Q

What section does property fall under in theft

A

S4(1)

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16
Q

What does S4(3) say about property in theft

A

Wild plants are not property unless taken for reward or sale

17
Q

What case would we use for stating that confidential information isn’t theft

A

Oxford v Moss

18
Q

What is the definition of belonging to another in theft

A

Means possession, control, or proprietary interest lays with that person

19
Q

What case would you use for belonging to another in theft

A

Turner

20
Q

What section of the theft act does belonging to another fall into

A

S5(1)

21
Q

What does belonging to another say regarding another person having property given to them by another for a particular use

A

Where a person receives property from another and is under an obligation to retain and deal with that property or its
proceeds in a particular way, the property/proceeds belongs to another

22
Q

What is the section for someone else being in control of an item you have as they have given it you for a particular use

A

S5(3)

23
Q

What case would you use for someone else being in control of an item you have as they have given it you for a particular use

A

Wain

24
Q

What does belonging to another state about receiving something by mistake

A

Property received by mistake belongs to
another where D has an obligation to make restoration

25
Q

What section does receiving something by mistake fall under in theft

A

S5(4)

26
Q

Wat case would you use for receiving something by mistake in theft

A

AGs ref 1

27
Q

What section of theft does dishonesty fall under

A

S2(1)

28
Q

What does the theft act state about a D not being dishonest

A

The D is not dishonest if he believes he has a legal right to appropriate the property, the owner would consent or the real owner could not be discovered if reasonable steps were taken

29
Q

What case would you use for dishonesty

A

Holden

30
Q

What case set out the test for dishonesty of theft if the Ds actions were not believed to be dishonest

A

Barton and booth

31
Q

What test is used to decide if someone is dishonest under theft

A

What was the Ds actual state of knowledge or belief as to the facts and was his conduct dishonest by the standard of an ordinary person

32
Q

What section does intention to permanently deprive fall under

A

S6(1)

33
Q

What is the definition of intention to permanently deprive in theft

A

Intention to treat the property as his own or to dispose of regardless of the owners rights

34
Q

What case would you use for intention to permanently deprive in theft

A

Velumyl

35
Q

What does S6(1) also state about intention to permanently deprive in theft

A

borrowing/lending property for a period in some circumstances can also be
equivalent to outright taking or disposal

36
Q

What case would you use that says borrowing/ lending property for a period of time is the equivalent to taking or disposal

A

Lloyd

37
Q

What happens if you loose value of an item even if you return it in theft

A

It will still be classed as theft

38
Q

What case would you use that states loosing value of a property is the same as theft

A

DPP v J and others