theft

Question 1

definition of theft (with sections)

Answer 1

theft is defined in (s.1) as:
dishonestly (s.2)
appropriating (s.3)
property (s.4)
belonging to another (s.5)
with the intention to permenantly deprive the other of it. (s.6)

Question 2

what is the AR of theft

Answer 2

appropriation of property belonging to another.

Question 3

what does appropriation mean?

Answer 3

appropriation is assuming the rights of the owner without consent.

Question 4

R v morris

Answer 4

switching price labels = appropriation

Question 5

what section and act if theft set out in?

Answer 5

section 1 of the theft act 1868

Question 6

name me 5 types of property

Answer 6

1- money
2 things In action
3 personal property
4 real
5 intangible property

Question 7

r v vinnal

Answer 7

assuming the rights of the owner

Question 8

r v pitham

Answer 8

only the owner has the right to sell

Question 9

consenting can still amount to appropriation in what 2 cases

Answer 9

Lawrence and Gomez

Question 10

name me a case for personal property and what happened in it

Answer 10

r v kelly and Lindsay. a dead body was defined as personal property

Question 11

name me a case for intangible property and what happened in it

Answer 11

Oxford v moss. knowledge from memorising the test is not considered intangible property.

Question 12

what is s4 (3)

Answer 12

states that wild plants and animals cannot be stolen unless for commercial reward

Question 13

what is section 5 - belonging to another defined as

Answer 13

wide definition of possession or control of property or a proprietary interest.

Question 14

r v turner

Answer 14

guilty of stealing his own car

Question 15

what was the legal precedent set in ‘rickets’

Answer 15

if you leave goods for someone else they belong to the original owner until the new owner takes possession of them

Question 16

what happened in r v Webster

Answer 16

was accidentally given 2 war medals, kept one and sold the other. he was guilty of theft as the medal supplier had a proprietary interest.

Question 17

what is s.5 (3)

Answer 17

property received under obligation.

Question 18

give me a case example of section 5 subsection 3 of the theft act 1868

Answer 18

davidge - was given money by flat mates for gas bills but he used it for Christmas gifts = guilty for theft

Question 19

what does section 5(5) of the theft act 1968 state

Answer 19

property received by mistake = obliged to make restoration

Question 20

what happened in attorney general refrence

Answer 20

D was overpaid and spent the money.

Question 21

what is the MR of theft

Answer 21

dishonestly section 2
&
intention to permanently deprive section 6

Question 22

is dishonestly defined?
if not how do we know what it means?

Answer 22

it is not defined but developed through case law.

Question 23

what 3 behaviours are not dishonest

Answer 23

1) believe a law in right to deprive the other of it
2) believe they would have the others consent
3) person who owns property cannot be discovered taking reasonable steps

must be a genuine belief.

Question 24

what was the old test of dishonesty and why was it removed

Answer 24

the gosh test.
it was removed as it was very subjectiveand resulted in inconsistencies

Question 25

what is the new updated test for dishonesty called and what are the elements

Answer 25

the new test is the Ivey test

1) individuals genuine belief compared to facts
2) compared to reasonable person

Question 26

R v velumyl

Answer 26

took money, intended to replace. but as he didn’t replace the exact notes, he had intention to permentatly deprive.

Question 27

is borrowing theft?

Answer 27

in the case of ‘Lloyd’ borrowing doesn’t amount to theft unless for a drastic period of time.

Question 28

R v Easom

Answer 28

defendant examined property to see if it was worth stealing but left it behind = not guilty.