Theft Flashcards

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1
Q

What does s1(1) of the Theft Act 1968 define theft as?

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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2
Q

What are the 3 elements to the actus reus of theft?

A

s3- appropriation
s4- property
s5- belonging to another

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3
Q

What are the 2 elements to the mens rea of theft?

A

s2- dishonesty
s6- intention to permanently deprive

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4
Q

What is the definition of appropriation?

A

s3(1)- any assumption by a person of the rights of an owner.

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5
Q

What are some examples of appropriation?

A

-Taking property
-Destroying property
-Selling property
-Lending out property
-Moving property

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6
Q

What is the legal principle of R v Morris?

A

It is enough that the defendant has assumed any one right of an owner (i.e only one right must be assumed).

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7
Q

What was the legal principle from R v Pitham and Hehl?

A

Property doesn’t need to be removed to have been apporpriated

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8
Q

Which case showed that there can still be appropriation even if V agrees to D taking his property?

A

Lawrence v MPC- even though the victim consented, there was still appropriation as the V’s consent was likely not genuine.

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9
Q

Can accepting the property as a gift be appropriation?

A

R v Hinks- even accepting a valid gift can sometimes amount to an appropriation. Here, D was still acting dishonestly by abusing her position.

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10
Q

What else does s3(1) say about appropriation?

A

Appropriation also covers situations where D has come by the property innocently and only assumes the right of an owner later by keeping or dealing with it.

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11
Q

What are the 5 types of property?

A

s4(1):
-Money (coins and notes)
-Real property (land)
-Personal property (everything tangible except money and land)
-Things in action (money in a bank account, stocks, shares)
-Other intangible property (copyright, protected works)

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12
Q

What does s4(2) of the Theft Act 1968 say?

A

Although real property is property, it can only be stolen in one of three ways. The exceptions are:
-Someone who severs anything considered part of the land from the land
-A tenant takes a fixture or structure from the land let to him
-Someone legally entrusted to look after the land abuses this power

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13
Q

What does R v Welsh say amounts to property that can be stolen?

A

Bodily fluids are property and can be stolen if in another’s possession.

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14
Q

What is the exception to the rule that a corpse and body parts are not property?

A

R v Kelly and Lindsay- body parts may become property if they acquire value (i.e. were being used for educational or artistic purposes).

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15
Q

What did Oxford v Moss say cannot be stolen?

A

Information/ knowledge.

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16
Q

Which case is similar to Oxford v Moss but a different outcome was reached?

A

R v Akbar- the physical exam papers were taken and so these counted as personal property which can be stolen.

17
Q

What does belonging to another mean?

A

s5(1)- Possession or control of the property or with a proprietary right/interest in the property. (This can apply to more than 1 person).

18
Q

What does R v Turner say about belonging to another?

A

Even the legal owner of property is capable of stealing his own property if the possession or control is with someone else.

19
Q

To whom does abandoned property belong?

A

Ricketts v Basildon Magistrates- if an owner abandons their property, they may still have a proprietary interest in it e.g. leaving goods outside a charity shop.

20
Q

What does s5(3) say?

A

If D receives property and is under a legal obligation to use it in a particular way, that property will still be treated as belonging to the giver.

21
Q

Which case is an example of s5(3)?

A

Davidge v Burnett- the money for gas still belonged to D’s flatmates when she used it to buy Christmas presents.

22
Q

What does s5(4) say?

A

If D receives property by mistake and is under a legal obligation to return it, the property will still be treated as belonging to to the party who made the mistake.

23
Q

Which case is an example of s5(4)?

A

Attorney General’s Ref (No 1 of 1983)- D was under a legal obligation to return the overpaid money to her so it still belonged to her employer.

24
Q

What does s2 of the Theft Act 1968 say?

A

Gives no definition of dishonesty but provides 3 exceptions where D will not be being dishonest.

25
Q

What is the exception from s2(1)(a)?

A

D is not dishonest if they honestly believe they have a legal right to the property.

26
Q

What is the exception from s2(1)(b)?

A

D is not dishonest if they honestly believe the owner would have consented if they were aware of the appropriation and its circumstances.

27
Q

What is the exception from s2(1)(c)?

A

D is not dishonest if they honestly believe the owner can’t be found taking reasonable steps.

28
Q

Which case is an example of s2(1)(a)?

A

Robinson- D believed he had a legal right to the property as he was owed money from V.

29
Q

Which case is an example of s2(1)(b)?

A

Holden- D honestly believed the owner would have consented as employees had been allowed to take tyres home before.

30
Q

Which case is an example of s2(1)(c)?

A

Small- D didn’t honestly believe the owner couldn’t be found taking reasonable steps as he made no attempt to find the owner.

31
Q

What does s2(2) say?

A

D may still be dishonest even though they are willing to pay for the property. (e.g. calling into a Mercedes garage and taking a car, leaving a note saying you will pay later).

32
Q

What is the test from Ivey v Genting Casinos?

A

The jury need to
-Decide what D believed the facts of the situation were
-And then whether they felt his conduct was dishonest on those facts, according to the ordinary standards of reasonable and honest people.

33
Q

Which case shows that the Ivey dishonesty test now applies to criminal offences?

A

R v Barton and Booth

34
Q

What does s6(1) of the Theft Act 1968 say?

A

Intention to permanently deprive means intending to treat the property as one’s own to deal with, regardless of owner’s rights.

35
Q

How was the case of DPP v Lavender decided?

A

By moving the doors from one flat to another, D was intending to treat them as if they were his own so there was intention to permanently deprive.

36
Q

How was the case of R v Velumyl decided?

A

D intended to permanently deprive his employer of those exact bank notes (even though he intended to return the correct amount of money).

37
Q

What does s6(1) say about borrowing and lending?

A

Borrowing can amount to an intent to permanently deprive if property is kept for such time and in such circumstances that make it equivalent to outright taking/ disposal.

38
Q

What factors will be considered when deciding if borrowing amounts to an intention to permanently deprive?

A

R v Lloyd- has the goodness, virtue and value been removed? (i.e spending money on a gift card or taking a travelcard during its period of validity).

39
Q

Does conditional intent count as intention to permanently deprive?

A

R v Easom- conditional intent is not intention to permanently deprive. D only intended to permanently deprive if there was something worth stealing (which there wasn’t).