theft

Question 1

act

Answer 1

s1 theft act

Question 2

def

Answer 2

a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanetly deprive

Question 3

Ar

Answer 3

appropriation
property
belonging to another

Question 4

mr

Answer 4

dishonestly
intent permanently deprive

Question 5

appropriation

Answer 5

s 3(1)
Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.
if the d has done something with the property which only the owner has the right to do then he has appropriated

Question 6

lawrence

Answer 6

taxi driver takes more money
can occur when owner has consented

Question 7

morris

Answer 7

switched labels
An assumption of ANY of the rights of the owner was sufficient
for an appropriation to occur the D had to act outside the implied consent of the owner or do some overt act that was inconsistent with the owner’s rights.

Question 8

darroux

Answer 8

It was alleged that she had submitted inflated claims for overtime and claims for payment in lieu of holiday taken
She appealed against her conviction for theft, arguing that she had not appropriated the property as she had had no control over the bank account.
Her conviction for theft was quashed on the basis that the prosecution could not show appropriation. She had had no control over the bank account and therefore had not assumed any of the owner’s rights. The court further held that she should properly have been charged with fraud;

Question 9

gomez

Answer 9

leading authority
The description of appropriation in Morris was tantamount to a ‘misappropriation’, introducing into the word the mental state of both owner and accused. I regard the word ‘appropriation’ in isolation as being an objective description of the act done irrespective of the mental state of either the owner or the accused
Dissenting: Lord Lowry said that the natural meaning of ‘appropriation’ was to take for oneself or to treat as one’s own, especially without authority

Question 10

hinks

Answer 10

Gomez therefore gives effect to section 3(1) of the Act by treating “appropriation” as a neutral word comprehending “any assumption by a person of the rights of an owner”. If the law is as held in Gomez, it destroys the argument advanced on the present appeal, namely that an indefeasible gift of property cannot amount to an appropriation.
can appropriate a valid gift

Question 11

property

Answer 11

s4 (1)
Property includes money and all other property, real or personal, including things in action and other intangible property.
real property - buildings, land
personal property - tangiable property

Question 12

oxford v moss

Answer 12

couldnt steal test asnwers

Question 13

low v blease

Answer 13

electricity couldnt be appropriated

Question 14

clinton v cahill

Answer 14

heat could not be appropriated

Question 15

kelly and lindsy

Answer 15

dead body parts
law there is no property in a corpse and therefore strictly speaking it cannot be stolen. However body parts …
…parts of a corpse are capable of being property

Question 16

mistake

Answer 16

When property has been acquired by mistake, the courts will sometimes decide whether or not D has stolen property belonging to another according to the transfer of proprietary rights under civil law

Question 17

belonging to another

Answer 17

s 5(1)
Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest, whether it be a right of ownership, possession or equitable right

Question 18

turner

Answer 18

– took back the car from the garage before paying. The owner of property can be convicted of its theft if someone else has possession or control of it at the time

Question 19

woodman

Answer 19

D removed some scrap metal from a disused factory belonging to English China Clays. They had sold all the scrap metal to a company which had left some inaccessible items on the premises. The factory had then been surrounded by a barbed wire fence to exclude trespassers. D was convicted of theft and appealed on the ground that he had not removed the metal from anyone’s possession or control. It was held that D had committed theft.

Question 20

Hibbert v McKiernan [1948] 2 KB 142

Answer 20

– a trespasser on a golf course was guilty of stealing lost golf balls from the secretary and club members.

Question 21

s 5 (2)

Answer 21

trusts

Question 22

s5(3)

Answer 22

obligation to treat property in a particular way

Question 23

wain

Answer 23

raised money for charity, transferred it into his account and spent it. By virtue of section 5(3), the appellant was plainly under an obligation to retain, if not the actual bank notes and coins, at least their proceeds.

Question 24

s 5(4)

Answer 24

mistake

Question 25

AGR

Answer 25

overpaid salary by mistake. Under obligation to pay back

Question 26

dishonesty

Answer 26

s 2(1)
Not dishonest if
D has
A. Belief in legal right
B. Belief in owner’s consent
C. Belief that owner cannot be found by taking reasonable steps

Question 27

s2 (1)a

Answer 27

belief in right
must be honest but doesnt need to be right or reasonable

Question 28

small

Answer 28

taken car believed to be abandoned. Only looking for honest and genuine belief

Question 29

forrester

Answer 29

broke into house had previously been a tenant and took money that was owed to them. Belief in moral right not enough, needs to be belief in a legal right

Question 30

s 2(1)(b)

Answer 30

belief in consent

Question 31

holden

Answer 31

believed had permission

Question 32

s 2(1)(c)

Answer 32

taking reasonjable steps

Question 33

feely

Answer 33

question of fact for jury

Question 34

ghosh

Answer 34

consultant in hospital, claimed fees for an operation he didn’t perform but argued wasn’t dishonest as was owed same amount of money for consultancy work he had done before.
Not a purely objective test – dishonesty is something in the mind of the accused. If the mind of the accused is honest, it cannot be deemed dishonest merely because members of the jury would regard it as dishonest to embark on that course of conduct

Question 35

ivey

Answer 35

is cheating dishonest
1. determine the defendant’s actual state of mind
2. consider whether by the standards of ordinary people the behaviour of D should be regarded as dishonest

Question 36

intention to permanetly deprive

Answer 36

s6(1)
Need not be an actual permanent deprivation
An unauthorised borrowing or intention to return it at some point does not normally constitute an intention to permanently deprive
An intention to permanently deprive is established if D does not intend to return the specific property: Velumyl[1989] Crim LR 229

Question 37

s6 (1)

Answer 37

1. An intention to treat the thing as his own to dispose of
2. A borrowing or lending for a period or in circumstances that amounts to an outright taking or disposal

Question 38

lloyd

Answer 38

– only refer to section 6 when specific facts of case make it necessary
films from cinema
returned

Question 39

dispose of

Answer 39

more than just using

Question 40

cahill

Answer 40

An intention to use the thing as one’s own is not enough… ‘dispose of’ is not used in the sense in which a general might dispose of his forces but rather the general meaning given by the Shorter Oxford English Dictionary: ‘To deal with definitely; to get rid of; to get done with, finish. To make over by way of sale or bargain, sell

Question 41

marshall

Answer 41

taking train tickets from people who had finished using them and then selling them. Returning tickets to london underground through third party– argument rejected as London underground hold the only right to sell ticket .

Question 42

raphael

Answer 42

– robbed of car, offered to give back for £5,000 then abandonded car when police were involved. treating the car as it was theirs to dispose of.

Question 43

dpp v j

Answer 43

snatched headphones, snapped in half then retuned immediately. Treated the headphones as their own to dispose of.

Question 44

risking loss

Answer 44

where a person, having possession or control (lawfully or not) of property belonging to another, parts with the property under a condition as to its return which he may not be able to perform, this (if done for purposes of his own and without the others authority) amounts to treating the property as his own to dispose of regardless of the other’s rights.

Question 45

easom

Answer 45

conditional intent
Picked up handbag in cinema, picked it up decided there was nothing worth stealing and put it back. Had no intention to permanently deprive victim of any of the items that were actually in the bag.