theft

Question 1

def

Answer 1

s.1(1) person is guilty of theft is he dishonestly appropriates property belonging to another with intention of permanetly depriv9ng another

Question 1

mens rea

Answer 1

1. dishonesty
2. intention to permanently deprive

Question 2

actus reus

Answer 2

1.appropriation
2. of propertty
3. belonging to another

Question 3

appropriation

Answer 3

s.3(1). appropriation is defined as assumption of right of owenership , usulay amounts to taking porpety from owner, invludes selling destroying lending etc

r v pitham and hehl: d sold furtniture belonging to another in anothers person house, nothung removed/ deprived but still laible for theft

morris: d swicthed price labels on two items on the shelf, took lower price item to basket, had not checked out but got arrested , guilty of theft as asuumed oweners right

lawrence: itlian man spoke little english, handed waalet tomdriver, driver took omey in excess, d convicyed of theft but appealed that stufent had consented to takimg money

gomez: d was a shop owner received two stolen cheques as payment for g/s , persusaded the manager to accept them by lying, d concivyted of theft, but appealed that manager consensted transfer of goods so no appropraiation

hinks: d was a ypung mom and befirended an older men who had been left interhitnace by his father, was naive and of limited intelligence, over 7 months d convinced c to withdraw momey of £60 k into her acc, laible of theft

Question 4

property s.4(1)

Answer 4

property includes money and all other property, imcluding real and personal and things in action and other intangible property
eg money, personal property, real property, things in action and inatngoble property

oxford v moss: borrowed paper, copied questions and returned paper with intention of retunring it so not guilty of theft

marshall: appealant obtained unexpired tickets from other commuters and sold them others, decided taht it was property of london ungeround , appropartition with inetent to permantey deprive

kelly: kelly who was d given permission to draw specimens at rcs , ds friend worked at rcs d asdked friend to remove various body parts, both convited of thefty as body paets are capeable of beinh property

Question 5

blonging to another s.5(1)

Answer 5

property shal be regarded of belonging to another if person has posession or contro over it, or having properitary right or intrest

s5.3: property remains belonging to owner if theres specific in structions on how to deal wiyh the property, so if a person deals with the property in an unconsistent way with the instructions, it is considered theft

davidge v bunnett: d recieved cheuques from flatmates which were given to pay communal gas bills, d spent money on chrostmas presnts and left the flat without paying, laiable of theft under s.5.3 as vheuwques were given with a clear obligation to use moeny for gas bills

s.5.4: prpoerty received by mistake remaisn property belongi g to amother if theres an obligation to return it and failure to do so results in theft as inentetion to permannetly deprive

turner; d left car at agrage for repair, garage left car on pathway, d took car using spare key without paying, d convited of theft as garage had possession

webster: army sergeant sent 2 medals , sold spare and concivtf of theft

attorney genreal; overpayed wages noriced but didnt send momey back but didnt withdare either

Question 6

mens rea
dishonestly

Answer 6

no statutory defintion of dishnest

s.2.1: persons appropriation of property is not to be regarded as dishnoest if her appropriares ein the belief that

a) he has in law the right to depriev tthr otehr on behalf of hismelf or third person

robinson: d was owed money by a women, went to ask for money fight occured, d picked up £ 5 that dropped from ds huisnanmd pocket, d belived he had a right to money as he was owed it

b) d believed that he would have the otehrs consnet to teh approprtaion in that situation if the other would have know abouy it

holden: d woered for tyre company, took some used tires, convicted of theft but argues taht others did teh same so eh thought he was allowed to aswell, but clause in contract stated he couldnt take used items

c) appropriates teh property in belief that the person to whom propertty belongs to cannot be discovered by takeing reasonable steps

barton and booth: what was the ds actual state of knowledge or belief as to the facts and was his conduct reasonable by standards of the ordinay person

s2.2 states that a person may be dishomesy not withstanding their willimgness ti pay
question of dishinesty must be left for the jurt to decide

r v feely:manager of betting store took money frim till with inten tion to replace it

Question 7

inettion to permantely deprive

Answer 7

s.6.1 a person has neccesssary inention if they treat the property as their own regardless of oweners rught

velumly: taking banknotes from safe even if d intented to replace them still amounts to itpd even if d replacea them with other banknotes of same value

s6.1 borrowing in circumstances making it equal to on aoutright taking

lloyd: cinema films, took films from place of work gave it to copy , given back and retunrned yto cinema, no itpd as had not lost its goodness viryue or practical value