theft

Question 1

s.1 theft act 1968

Answer 1

a person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it

Question 2

actus reus

Answer 2

s.3 appropriation
s.4 property
s.5 belonging to another

Question 3

mens rea

Answer 3

s.2 dishonesty
s.6 intention of permanently depriving

Question 4

what is appropriation

Answer 4

it is any assumption by a person of the rights of an owner, therefore it can be shown through modifying, selling, possessing or destroying it

Question 5

s.4(1) property

Answer 5

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

Question 6

dishonesty s.2

Answer 6

dishonesty is not defined in the theft act and should be given its natural meaning. however s.2 gave three situations where a person would not be deemed dishonest

Question 7

dishonesty s.2(1)a

Answer 7

if he appropriates the property in the belief that he has in the belief that he has in law the right to deprive the other of it on behalf of himself or in a third party

Question 8

dishonesty s.2(1)b

Answer 8

if he appropriates property in the belief that he would have the others consent if the other knew of the appropriation and the circumstances

Question 9

dishonesty s.2(1)c

Answer 9

if he appropriates property in the belief that the person to whom the property belong cannot be discovered by taking reasonable steps

Question 10

intention to permanently deprive (Lavender)

Answer 10

1.disposing of property regardless of others rights
2.a borrowing or lending making it equivalent to outright taking or disposal

Question 11

conditional intent

Answer 11

R v Eason
not guilty as conditional intent is not enough nor is it enough for attempted theft

Question 12

belonging to another

Answer 12

property shall be regarded as belonging to any person having possession or control over it or having any proprietary right or interest.

Question 13

theft is what type of offence

Answer 13

it is an either way offence and carries a maximum sentence of seven years imprisonment

Question 14

what cannot be stolen

Answer 14

electricity as it is not property under section 4
information and knowledge under section 5(1)

Question 15

an individual receives property by mistake and does not return it. can it be amounted to theft?

Answer 15

“where a person gets property by another’s mistake and is under an obligation to make restoration and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person off the property. outlined by section 5(4)

Question 16

borrowing

Answer 16

borrowing does not amount to theft even without consent

Question 17

problems with the wide interpretation of appropriation

Answer 17

makes it too easy to prove
could be unfair since an appropriation of property doesn’t necessarily equate to a theft.
confusion

Question 18

test for dishonesty

Answer 18

Ivey v Genting
Whether the conduct complained of was dishonest by the lay objective standards of ordinary reasonable and honest people; (the “objective test”)