Theft

Question 1

Act of Parliament

Answer 1

S1 of the Theft Act 1968

Question 2

AR of theft

Answer 2

S3 Appropriates
S4 Property
S5 Belonging to another

Question 3

MR of Theft

Answer 3

S2 Dishonesty
S6 Intention to permanently deprive

Question 4

S3

Answer 4

Appropriation

Question 5

Appropriation

Answer 5

S3 = assuming the owners rights
Treating as own (Morris)
Consent by deception (Lawrence)

Question 6

S4

Answer 6

Property

Question 7

Property

Answer 7

S4 = real/ intangible/ things in action (Kohn)
S4 (3) wild plants not property unless taken for reward/ sale
Information not property (Welsh Oxford Moss)

Question 8

S5

Answer 8

Belonging to another

Question 9

Belonging to another

Answer 9

S5 = possession, control (Turner)

Question 10

S5 (3)

Answer 10

Obligation to deal with property in a certain way (Wain).

Question 11

S5 (4)

Answer 11

property received by mistake belongs to another, D has obligation to make restoration (Gilks)

Question 12

S2

Answer 12

Dishonesty

Question 13

Dishonesty

Answer 13

S2 = D not dishonest if he
believes: he has a legal right to the property/ owner would consent (Holden).

Question 14

Test for dishonesty

Answer 14

A. Was the D’s actual state of knowledge or belied as to the facts
AND
B. Was his conduct dishonest by the standard of ordinary people?
(Barton + Booth).

Question 15

S6

Answer 15

Intention to permanently deprive

Question 16

Intention to permanently deprive

Answer 16

Treat the property as his own, dispose of
owner’s rights (DPP v Lavender).

Borrowing property until ‘goodness, virtue and practical value has gone (Lloyd).

Question 17

Definition

Answer 17

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