THEFT

Question 1

rights of the owner

Answer 1

change it
sell it
consume it
use it
give it away
destroy it
hire it out

Question 2

appropriation

Answer 2

assuming the rights of the owner

Question 3

property

Answer 3

real property
money
tangible property
things in action
personal property

Question 4

dishonesty

Answer 4

doesn’t take into account motive
you look at what isn’t dishonest and go from there

Question 5

ways someone isn’t dishonest

Answer 5

S.2(1) A&B&C
A- if they believe they have the legal right to appropriate
B- if they believe they would of consented
C- the person whom the property belongs cannot be discovered by taking reasonable steps

Question 6

r v robinson

Answer 6

defendant was not dishonest
outlined S.2(1) A

Question 7

r v small

Answer 7

no requirement for the defendant belief to be reasonable (not dishonest)
S.2(1)C

Question 8

ivy v casinos

Answer 8

subjective test- what did the defendant believe
objective test- would reasonable person do the same

Question 9

intention to permanently deprive

Answer 9

intending to not give the exact thing back

Question 10

r v velumyl

Answer 10

doesn’t matter that D intended to replace exact value or money, he still took it and spent it before replacing it therefore he permanently deprived

Question 11

dpp v lavender

Answer 11

moved the door to the council flat to another, counted as intention to permanently deprive

Question 12

r v lloyd

Answer 12

D worked at a cinema took a film to copy it and brought it back in the same condition before the next screening. allegations were quashed

Question 13

r v easom

Answer 13

not guilty of theft
he went though someone’s back in the cinema, he didn’t take anything. he had conditional theft which is not enough

Question 14

conditional theft

Answer 14

will take if there’s something worth taking

Question 15

r v kelly & lindsay

Answer 15

body parts are not property, but were in this case

Question 16

oxford v moss

Answer 16

stealing information is not considered property

Question 17

r v gomez

Answer 17

taking items from a shop shelf is appropriation

Question 18

r v morris

Answer 18

it’s enough for the prosecution if they proved the assumption of any of the rights of the owner

Question 19

r v hall

Answer 19

receiving property under obligation

Question 20

theft

Answer 20

statutory offence
specific intent
theft act 1958

Question 21

r v pitam and hehl

Answer 21

do not need to deprive the other of it in order to appropriate

Question 22

r v hinks

Answer 22

appropriation can occur even with consent

Question 23

r v turner

Answer 23

it is possible to steal you’re own property

Question 24

r v webster

Answer 24

property belongs to whoever has a proprietary interest in it

Question 25

davidge v bernett

Answer 25

property received under an obligation must be dealt with in that way

Question 26

attorney general reference

Answer 26

property received by mistake should be returned

Question 27

r v robinson

Answer 27

if a person honestly believes they have a right in law to the property you are not being dishonest