theft

Question 1

r v morris
FACTS

Answer 1

d switched labels in a supermarket to obtain a lower price one of the ds was caught before he paid

Question 2

r v morris
LEGAL PRINCIPLE

Answer 2

there doesn’t need to be an appropriation of all the rights of an owner. The appropriation took place when there was a negative adverse interference

Question 3

r v gomez
FACTS

Answer 3

d worked in a shop and conspired with a person who came in and used fake cheques t buy electrical goods. D convinced the store manager to accept these cheques

Question 4

r v gomez
LEGAL PRINCIPLE

Answer 4

d argues property was given by managers consent but courts said if there is consent and d is dishonest to get it, there is still and appropriation

Question 5

r v hinks
FACTS

Answer 5

d, a young mother, befriended a 58yr old man called john who had been left money by his father and he was naïve, gullible and of limited intelligence. over 7 months d influenced and manipulated him into withdrawing £60,000 to her account

Question 6

r v hinks
LEGAL PRINCIPLE

Answer 6

HofL said even though it was a gift there as still and appropriation - would an ordinary member of the public see it as dishonest for theft

Question 7

oxford v moss
FACTS

Answer 7

d was a student of engineering and took an exam paper with the intention of returning it and had the intention of using the paper to cheat

Question 8

oxford v moss
LEGAL PRINCIPLE

Answer 8

the confidential information contained in the paper didnt amount to intangible property for the purposes of the theft act 1968

Question 9

r v smith
FACTS

Answer 9

smith arranged to meet jordan in order to buy some heroin from him. When jordan arrived at the meeting point the other appellants emerged from an alleyway to attack jordan. Jordan handed over the heroin after being attacked

Question 10

r v turner
FACTS

Answer 10

d took his car to the garage the car was completed and the car was left on the road by the garage. D said he would collect it and pay for it the4 next day. instead he took it from the road without paying for it

Question 11

ricketts v basildon
FACTS

Answer 11

d took a bag of clothes from outside a charity shop so he could sell them at a car boot sale

Question 12

ricketts v basildon
LEGAL PRINCIPLE

Answer 12

the goods outside belonged to the person who donated them until the charity took possesion of it.

Question 13

williams v phillips
FACTS

Answer 13

a householder put refuse out for collection by the local authority refuse workers. They stole some of the propety

Question 14

williams v phillips
LEGAL PRINCIPLE

Answer 14

it still belongs to the people who put them there

Question 15

davidge v bennett
FACTS

Answer 15

D received cheques from her flat mates which where to pay for the communal gas bill. D spent it on Christmas presents and let the house without paying the gas bill

Question 16

attorney generals reference (no1 of 1983)
FACTS

Answer 16

d, a police woman, received an overpayment in her wages by mistake. she didn’t say anything even though she noticed this. she didn’t withdraw any from her bank account

Question 17

attorney generals reference (no1 of 1983)
LEGAL PRINCIPLE

Answer 17

possible for a theft conviction as there was a legal obligation to return the money

Question 18

holden
FACTS

Answer 18

d took some used tyres and was convicted of theft. He argued it wasn’t dishonest as others did it and he though he was allowed to do the same

Question 19

holden
LEGAL PRINCIPLE

Answer 19

conviction quashed, judged subjectively

Question 20

r v robinson
FACTS

Answer 20

d was owed money (£7). D went to get it back and a fight developed which a £5 note fell out of a pocket, d picked it up and kept it

Question 21

r v veluumyl
FACTS

Answer 21

d was a company director who took money from the company’s safe and claimed he intended to return after the weekend