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Criminal law > Theft > Flashcards

Theft Flashcards

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1
Q

Under what Act is theft defined and charged?

A

The Theft Act 1968

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2
Q

S.1(1)

A

A person is guilty of theft if he dishonestly appropriates the property of another with the intention of permanently depriving the other of it

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3
Q

A person is guilty of theft if he dishonestly appropriates the property of another with the intention of permanently depriving the other of it

A

S.1(1)

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4
Q

A person is guilty of theft if he…

A

dishonestly appropriates the property of another with the intention of permanently depriving the other of it

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5
Q

S.3

A

appropriation is ‘any assumption by a person of the rights of an owner’

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6
Q

appropriation is ‘any assumption by a person of the rights of an owner’

A

S.3

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7
Q

Appropriation occurs if D assumes the right of/to…

A
  • possession
  • sell the property
  • change the property in some way
  • destroy or throw away
  • use or fully consume
  • lend the property or hire it out
  • keep possession after coming by it lawfully
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8
Q

Morris 1983

A

no need to assume all of the rights of the owner- one is sufficient

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9
Q

no need to assume all of the rights of the owner- one is sufficient

A

Morris 1983

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10
Q

Lawrence 1972

A

Even if the owner consents to D taking it, it can be appropriation

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11
Q

Even if the owner consents to D taking it, it can be appropriation

A

Lawrence 1972

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12
Q

Pitham and Hehl 1977

A

Appropriation can occur by assuming the right to sell another’s goods

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13
Q

Appropriation can occur by assuming the right to sell another’s goods

A

Pitham and Hehl 1977

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14
Q

What happened in Gomez 1993?

A
  • goods exchanged for worthless cheques
  • Consent to appropriation was not genuine because of the deception about the value of the cheques
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15
Q
  • goods exchanged for worthless cheques
  • Consent to appropriation was not genuine because of the deception about the value of the cheques
A

Gomez 1993

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16
Q

Hinks 2000

A

Accepting a valid gift can be appropriation

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17
Q

Accepting a valid gift can be appropriation

A

Hinks 2000

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18
Q

Vinall 2011

A

Assumption of right of possession

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19
Q

Assumption of right of possession

A

Vinall 2011

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20
Q

Atakpu and Abrahams 1994

A
  • If the appropriation takes place outside the jurisdiction of the English legal system, D cannot be charged under that law
  • Must be coincidence of AR and MR
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21
Q
  • If the appropriation takes place outside the jurisdiction of the English legal system, D cannot be charged under that law
  • Must be coincidence of AR and MR
A

Atakpu and Abrahams 1994

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22
Q

Types of property under S.4(1)

A
  • Money
  • Real property (land)
  • Personal property
  • intangible property
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23
Q

What section lists the type of property that can be stolen?

A

S.4(1)

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24
Q

Real property can only be stolen if it falls within the circumstances found in what section?

A

S.4(2)

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25
Q

Real property can only be stolen if it falls within what circumstances found in S.4(2)?

A
  • The land is held under a special capacity or relationship (trustee or executor of will)
  • Someone not in possession severs anything forming part of the land
  • D takes a fixture from land over which he is tenant
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26
Q

Kelly and Lindsay 1998

A

Personal property can include body parts

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27
Q

Personal property can include body parts

A

Kelly and Lindsay 1998

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28
Q

Oxford v Moss 1979

A

Confidential information does not count as property

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29
Q

Confidential information does not count as property

A

Oxford v Moss 1979

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30
Q

S.4(3)

A

‘plants growing wild’ do not count as property unless they are taken for ‘commercial purposes’

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31
Q

‘plants growing wild’ do not count as property unless they are taken for ‘commercial purposes’

A

S.4(3)

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32
Q

S.4(4)

A
  • ‘A person cannot steal a wild creature not tamed’ unless it has been taken into captivity and has ‘not since been lost or abandoned’
  • Tame wild creatures ‘shall be regarded as property’
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33
Q
  • ‘A person cannot steal a wild creature not tamed’ unless it has been taken into captivity and has ‘not since been lost or abandoned’
  • Tame wild creatures ‘shall be regarded as property’
A

S.4(4)

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34
Q

S.5(1)

A

Property belongs to another if they have ‘possession or control’ of the property or any ‘proprietary right or interest’

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35
Q

Property belongs to another if they have ‘possession or control’ of the property or any ‘proprietary right or interest’

A

S.5(1)

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36
Q

Turner (No.2) 1971

A

D can steal their own property if another has a right to possession of that property until the defendant has paid a bill (a repairer’s lien)

37
Q

D can steal their own property if another has a right to possession of that property until the defendant has paid a bill (a repairer’s lien)

A

Turner (No.2) 1971

38
Q

Woodman 1974

A

Can have possession of the property and not know it

39
Q

Can have possession of the property and not know it

A

Woodman 1974

40
Q

Ricketts 2010

A

Property which is given away remains in the possession of the donor until the delivery has been accepted

41
Q

Property which is given away remains in the possession of the donor until the delivery has been accepted

A

Ricketts 2010

42
Q

Webster 2006

A
  • can have possession of the property and still steal it if someone else has a proprietary interest in the property
  • Demonstrates S.5(4)
43
Q

can have possession of the property and still steal it if someone else has a proprietary interest in the property

A

Webster 2006

44
Q

D can only steal their own property in what 3 situations?

A
  • trustee can steal the property that they are holding in trust on behalf of the beneficiaries
  • can steal property if they do not deal with it in the requested manner
  • can steal property which is sent to them by mistake if they later keep it
45
Q

S.5(2)

A

Trustee can steal the property that they are holding in trust on behalf of the beneficiaries

46
Q

Trustee can steal the property that they are holding in trust on behalf of the beneficiaries

A

S.5(2)

47
Q

Sections with situations in which D can steal their own property

A
  • S.5(2)
  • S.5(3)
  • S.5(4)
48
Q

S.5(3)

A

can steal property if they do not deal with it in the requested manner

49
Q

can steal property if they do not deal with it in the requested manner

A

S.5(3)

50
Q

S.5(4)

A

A person can steal property which is sent to them by mistake if they later keep it

51
Q

A person can steal property which is sent to them by mistake if they later keep it

A

S.5(4)

52
Q

Case demonstrating S.5(3)

A
  • Davidge v Bunnett
  • Klineberg and Marsden
53
Q

Gilks 1972

A

overpaid bets cannot be stolen

54
Q

overpaid bets cannot be stolen

A

Gilks 1972

55
Q

Case demonstrating S.5(4)

A

Webster 2006

56
Q

S.2 lists what?

A

3 situations in which D was honest

57
Q

What section lists 3 situations where D was honest?

A

S.2

58
Q

S.2(1)(a)

A

D is honest if he ‘appropriates the property in the belief that he has in law the right to deprive the other of it’

59
Q

D is honest if he ‘appropriates the property in the belief that he has in law the right to deprive the other of it’

A

S.2(1)(a)

60
Q

S.2(1)(b)

A

D is honest if he ‘appropriates property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it’

61
Q

D is honest if he ‘appropriates property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it’

A

S.2(1)(b)

62
Q

S.2(1)(c)

A

D is honest if he appropriates property in the belief that the owner cannot be discovered by taking reasonable steps

63
Q

D is honest if he appropriates property in the belief that the owner cannot be discovered by taking reasonable steps

A

S.2(1)(c)

64
Q

Case demonstrating S.2(1)(a)

A

Robinson 1977

65
Q

Robinson 1977

A

Demonstrates S.2(1)(a)

66
Q

Case demonstrating S.2(1)(c)

A

Small 1987

67
Q

Small 1987

A

Demonstrates S.2(1)(c)

68
Q

If S.2 dishonesty tests don’t apply, what test will be used?

A

General test of dishonesty

69
Q

Ivey 2017 and Barton and Booth 2020

A

General test of dishonesty

70
Q
  • What D knew or believed about the facts of the case (if D believed they themselves were dishonest)
  • If D’s conduct was dishonest by the standards of reasonable people
A

General test of dishonesty

71
Q

General test of dishonesty

A
  • What D knew or believed about the facts of the case (if D believed they themselves were dishonest)
  • If D’s conduct was dishonest by the standards of reasonable people
72
Q

Where is the general test of dishonesty found?

A

Ivey 2017 and Barton and Booth 2020

73
Q

S.6(1)

A

D has intention to permanently deprive if they intend ‘to treat the thing as their own to dispose of regardless of the other’s rights’

74
Q

D has intention to permanently deprive if they intend ‘to treat the thing as their own to dispose of regardless of the other’s rights’

A

S.6(1)

75
Q

Lavender 1994

A

‘Dispose of’ means ‘deal’ with

76
Q

‘Dispose of’ means ‘deal’ with

A

Lavender 1994

77
Q

Velumyl 1989

A

even if D intended to take the money and replace it later, he has deprived the owner of the money and this is sufficient

78
Q

even if D intended to take the money and replace it later, he has deprived the owner of the money and this is sufficient

A

Velumyl 1989

79
Q

Easom 1971

A

quickly replacing the property in the exact position from which it had been removed can be seen as evidence of no intention to permanently deprive

80
Q

quickly replacing the property in the exact position from which it had been removed can be seen as evidence of no intention to permanently deprive

A

Easom 1971

81
Q

Smith v Avon and Somerset 1984

A

later disposal is evidence of intention to permanently deprive at the time of the appropriation

82
Q

later disposal is evidence of intention to permanently deprive at the time of the appropriation

A

Smith v Avon and Somerset 1984

83
Q

LLoyd 1985

A

An intention to borrow can equate to an intention to permanently deprive if ‘the practical value’ has been removed

84
Q

An intention to borrow can equate to an intention to permanently deprive if ‘the practical value’ has been removed

A

LLoyd 1985

85
Q

Conditional intention

A

If there is no evidence that D had the intention to permanently deprive, there may be evidence that D intended to if there was anything worth stealing

86
Q

If there is no evidence that D had the intention to permanently deprive, there may be evidence that D intended to if there was anything worth stealing

A

Conditional intention

87
Q

Case that created conditional intention

A

AG Ref (No1 and 2 of 1979) 1979

88
Q

AG Ref (No1 and 2 of 1979) 1979

A

Created conditional intention

89
Q

What can conditional intention be used to charge?

A

Attempted theft

Criminal law (19 decks)

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