theft

Question 1

what is theft defined as in section 1 of the theft act

Answer 1

a person is guilty of theft is he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

Question 2

what is section two of the theft act

Answer 2

dishonesty

Question 3

what is section three of the theft act

Answer 3

appropriation

Question 4

what is section four of the theft act

Answer 4

property

Question 5

what is section 5 of the theft act

Answer 5

belonging to another

Question 6

what is section 6 of the theft act

Answer 6

intention to permanently deprive

Question 7

what is acts of theft

Answer 7

all elements of appropriation, property, belonging to another

Question 8

what is the definition of appropriation

Answer 8

taking, using or assuming any of the owners rights of something that does not belong to you, it covers situations where the defendant has came across the property innocently

Question 9

what cases does appropriation link to

Answer 9

r v Morris
r v Gomez

Question 10

what happens in the case r v morris relating to appropriation

Answer 10

d switched the price labels on goods to pay a lower price, took good to checkout and was arrested, convicted of theft, does not have to be an assumption

Question 11

what happens in the case r v Gomez relating to appropriation

Answer 11

d assistant manager in shop, asked to supply goods to value of $17,000 in exchange for two cheques, d convicted of theft on appeal the House of Lords, appreciation had taken place eventhough manager consented

Question 12

what is the meaning of property

Answer 12

includes money and all other property, real or personal including things in action and intangible property

Question 13

what is the case for property

Answer 13

Attorney general’s reference 1985

Question 14

what happens in the case attorney generals reference relating to property

Answer 14

d had her salary paid into a bank account, employer overpaid them, she was charged with theft, in this there is no obligation to make restoration, if there is a dishonest intention, the case would be theft

Question 15

what is the definition of belonging to another

Answer 15

property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary tight or interest

Question 16

what is the case for belonging to another

Answer 16

r v turner 1971

Question 17

what happens in the case r v turner 1971 relating to belonging to another

Answer 17

defendant left his car to be fixed he used his spare keys to take his care without paying, he got convicted of theft

Question 18

what is the mens rea of theft

Answer 18

is the intention to permanently deprive forms part of the mens era of theft along with dishonesty

Question 19

what is the maximum sentence for theft

Answer 19

7 years

Question 20

what is the definition of dishonesty

Answer 20

the law states that their isn’t a definition of dishonesty but their is examples of things that would to be dishonest

Question 21

what are the examples of things that would be dishonest

Answer 21

defendant believed they had a right to deprive the other of the property
defendant believed the other would have consented if they knew of the appropriation and the circumstances
person whom the property belongs cannot be traced by taking reasonable steps

Question 22

what case can dishonesty be shown in

Answer 22

R v Ghosh1982

Question 23

what happened in the case R v Ghosh relating to dishonesty

Answer 23

appellant was a surgeon who claimed money in respect of operations which he had not carried out, he argued, jury convicted him of theft

Question 24

what was the test for dishonesty

Answer 24

the ghosh test

Question 25

what is the ghosh test

Answer 25

1- would the defendants behaviour be regarded as dishonest by standard of reasonable and ordinary person?
if no they D is not guilty
if yes then the next question is-
2- was the D aware that his conduct would be regarded as dishonest by reasonable and ordinary people?

Question 26

what is the definition of intention to permanently deprive

Answer 26

the defendant intend to treat the. property as their own to dispose of without regard rights of owner
borrowing or lending is equivalent to an outright taking or disposal

Question 27

what cases link yo intention to permanently deprive

Answer 27

R v lavender 1994
R v Marshall 1999

Question 28

what happens in the case r v lavender relating to intention to permanently deprive

Answer 28

D took door off council property and put it on own property convicted of theft

Question 29

what happens in the case r v Marshall relating to intention to permanently deprive

Answer 29

D obtained underground tickets from people leaving- sold them to others convicted of theft