Theft

Question 1

Section 1 theft Act 1968

Answer 1

“The dishonest appropriation of property belonging to another with intention to permanently deprive”

Question 2

Stage 1 appropriation-

Answer 2

“Assuming rights of an owner”

Question 3

Morris-

Answer 3

Any assumption is enough

Question 4

Gomez-

Answer 4

Appropriation must be dishonest

Question 5

Side rules stage 1:

Answer 5

D gets property and keeps it (section 3)
D has consent (Lawrence)
Gifts (Hinks)

Question 6

Stage 2

Answer 6

Property must be stolen

Question 7

Under section 4 theft act 1968 only 4 types of properties can be stolen…

Answer 7

Money
Personal
Intangible
Real property

Question 8

Types of properties that can’t be stolen-

Answer 8

Knowledge (Oxford v Moss)
Wild animals/plants
Electricity

Question 9

Stage 3- property most belong to another:

Answer 9

Section 5 “property belongs to another if they have a right or interest or possession or control over it”

Question 10

Side rules stage 3:

Answer 10

Stealing own property (turner)
Lost property (section 5)
Money for particular purpose (davidge v bennet)
Abandoned property(Basildon)
Receiving by mistake (AGs Ref)

Question 11

Stage 4- Mens Rea

Answer 11

No legal definition just 3 negatives:
D believes they have a right in law to property
D believes owner cannot be discovered by taking reasonable steps
D believes owner would’ve consented to the taking

Question 12

If 3 negatives don’t apply apply dishonesty test

Answer 12

Ivey and booth : “Was D dishonest by the standards of an honest reasonable person”

Question 13

Stage 5 intention to permanently deprive

Answer 13

“D intends to continue testing property as if it is their own regardless of the owners rights”

Question 14

Side rules stage 5:

Answer 14

Replace (Velumyl)
Borrow(Lloyd)
Conditional intent (Easom)