Theft

Question 1

Where is theft contained

Answer 1

S1 theft act 1967

Question 2

What are the 3 AR elements of theft

Answer 2

1. Appropriation
2. Property
3. Belonging to another

Question 3

What are the 2 MR elements of theft

Answer 3

1. Dishonestly
2. Intention to permanently deprive

Question 4

What section is appropriation contained in

Answer 4

S3 theft act

Question 5

What is appropriation and what are the different rights that can be assumed

Answer 5

Assumption of the rights of the owner:
- possesion
- right to use
- alter
- sell
- exchange
- offer for sale

Question 6

What does the case of morris say about appropriation

Answer 6

Only 1 right needs to be assumed

Question 7

What case says that the property doesn’t need to leave the possession of the owner in order to be assumed

Answer 7

Corcoran v Anderton

Question 8

What does the case of Gomez say

Answer 8

Consent obtained by deception can still amount to an appropriation

Question 9

What case say that genuine consent doesn’t prevent an appropriation

Answer 9

Hinks

Question 10

When does an appropriation take place

Answer 10

When they decide to keep the property or deal with it in a way that they weren’t meant to

Question 11

Where is the element of property contained

Answer 11

S4 theft act

Question 12

What are the 5 different categories of property

Answer 12

• Money
• real property
• personal property (moveable)
• things in action (no physical presence)
• other intangible things (copy right)

Question 13

What does the case of oxford and moss say

Answer 13

Knowledge doesn’t amount to property

Question 14

What case speaks about corpse/body parts as property and what is said

Answer 14

Kelly and Lindsay- corpse/body parts don’t normally amounts to property unless acquire different attributes by virtue/skill

Question 15

What are some examples of things that aren’t considered to be property

Answer 15

• wild flowers/mushrooms
• wild animals
• electricity
• corpse/body parts

Question 16

Where is the element of belonging to another contained

Answer 16

S5 theft act

Question 17

When does property belong to another

Answer 17

When they have:
- possesion
- control
- proprietary rights/interest

Question 18

Does the person the property belongs to have to be the lawful owner

Answer 18

No

Question 19

What does the case of turner say

Answer 19

Property can belong to more than 1 person

Question 20

What case talks about abandoned property and what was said

Answer 20

Rickets v Basildon- only property that is completely abandoned can be regarded as not belonging to another

Question 21

What does the case of Davidge v Bennett say

Answer 21

Property belongs to another until the D had dealt with it in a correct way according to obligations

Question 22

What case says that obligations must be to deal with property in a specific way

Answer 22

Hall

Question 23

What case speaks about receiving the property by mistake and what was said

Answer 23

A-G reference- if received my mistake its still regarded as belonging to another, the act becomes theft when they decide to keep it

Question 24

Where is the MR element of dishonesty contained

Answer 24

S2 theft act

Question 25

Whats the key case used for dishonestly and what was said

Answer 25

R v Feeley- dishonesty is a matter for the jury to decide

Question 26

What are the 3 situations where the D wont be regarded as dishonest

Answer 26

S2(1) a- believes he has right to deprive other of property S2(1) b- belives he has the other consent S2(1) c- believes person who property belongs to cant be discovered by reasonable steps

Question 27

If none of the situations where the D is not dishonest apply, what do you do

Answer 27

Apply the Ivey test- use the standards of ordinary decent people

Question 28

What does s2(2) say about dishonesty

Answer 28

If the d offers to repay after taking property, they are still regarded as being dishonest

Question 29

What does s1(2) say about dishonesty

Answer 29

The motive of the D is irrelevant

Question 30

Where is the element of intention to permanently deprive contained

Answer 30

S6 theft act

Question 31

What does the case of lavender describe intention to permanently deprive as

Answer 31

Intent to deal with property as own

Question 32

What does the case of Raphael say

Answer 32

Taking property and offering to sell back is regarded intention to permanently deprive

Question 33

What case says that intending to replace property with the same amount is intention to permanently deprive

Answer 33

Velumyl

Question 34

What does the case of DPP v J say

Answer 34

If return in damaged state, that is regarded as intention to permanently deprive

Question 35

What case say what borrow and lend means

Answer 35

Lloyd- keeping property until goodness/virtue is gone

Question 36

What does the case of Easom say

Answer 36

intent to take property if upon closer inspection it is worth stealing, not regarded as an intention to permanently deprive.