theft

Question 1

theft

Answer 1

• defined under the theft act 1968
• dishonestly appropriates property belonging to another with intention to deprive of it

Question 2

actus reus
- property

Answer 2

• money , tangible/ intangible ( e.g money in bank etc)

Question 3

wht constitutes property

Answer 3

Oxford v moss
- exam questions not property but the exam paper is

Question 4

describe executions found in

Answer 4

s4 (2)(a)- land can be stolen if the trustee/personal representative takes land in breach of his duties as a trustee

s42b - land can be stolen if someone not in possession of the land severs anything forming part of the land from the land

s42c- land can be stolen if a tenant takes a fixture or structure from the land to let them

s42d- what isn’t property can’t be stolen - wild plants/flowerss

s4 4
- what isn’t properly can’t be stolen - wild animals

Question 5

actus reus
belonging to another

Answer 5

• ownership, possession or control, obligation under s5 3
• possession doesn’t have to be legal

Question 6

s3 1 and 2

Answer 6

s31- stealing and dealing with it as the owner , involves when property wasn’t stolen by owner but then keeps it and deals with it as the owner

s32- buys stolen goods, later sells it, can the guilty of theft

Question 7

what are the different sections for.

Answer 7

s2 - dishonesty
s3 - appropriates
24 - property
s5 - belonging to another
s6 - with the intention of permanently depriving the other of it

Question 8

3 actus reus for theft

Answer 8

appropiats
property
belonging

Question 9

2 mens rea for theft

Answer 9

dishonesty
with the intention of permanently depriving the other of it

Question 10

examples of appropiation

Answer 10

• physical taking item
  destroying property
  throwing items away
  giving worthless cheques in payment for goods
  taking things from a shop and putting it in ur bag etc

Question 11

r v vinall

Answer 11

• appropriation occurred in the initial taking of the bike and or abandoning the bike

Question 12

what case shows that its still appropriation if the D assumes rights of owner, by selling property

Answer 12

r v pitham and hehl

Question 13

what case shows that there doesn’t have to be an assumption in all rights of the owner and just a few can do the job

Answer 13

r v morris

Question 14

Lawrence v commissioner for metropolitan police

Answer 14

• consent was appropiation of the money was only to the correct amount not excess, because of his deception

Question 15

r v Gomez

Answer 15

• shows that consent is irrelevant if the consent was obtained by dishonesty

Question 16

when else can there be appropriation under s3(1)

Answer 16

• when the D gets property without stealing it
  but then later decides to keep it or deal with the property as the owner of it

Question 17

what is the definition of property

Answer 17

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

Question 18

what are the 5 items that are defined as property

Answer 18

• money
• real property (land/buildings)
• personal property ( r v Kelly and Lindsay, dead body
• things in action ( bank account)
• other intangible property ( no physical presence e.g computer games)

Question 19

what are the 3 circumstances that land can be stolen

Answer 19

• if a person dishonestly severs anything from the land (removing)
• if someone takes/ removes fixtures or structures that have been attached to the land e.g parts of the building/ built in furniture
• land held in trust, and person dishonestly deals with it in a way that breaches the trust

Question 21

things that can’t be stolen

Answer 21

-ss 4(3) and 4(4) theft act 1968

• plants growing wild
• wild animals

Question 22

what does belong to another mean

Answer 22

-s (5)

possession or control of the property or any propertary interest in it is sufficient

Question 23

can you steal abandoned property

Answer 23

no
woodman ( CASE)

Question 24

what if the owner doesn’t know they have the property

Answer 24

• still belongs to another

woodman

Question 25

what does r v Ricketts case highlight in terms of donated goods

Answer 25

• donated goods left outside a charity shop belong to the donor until the new owner takes possession

Question 26

can you steal abandoned property

Answer 26

• no

woodman

Question 27

what happens if the owner doesnt know they have the property

Answer 27

it still belongs to another seen in

woodman

Question 28

what are the exceptions to when property has to belong to another

Answer 28

s 5(2) - exception for abandoned property

s 5(3) - when money is given for a specific purpose (davidge v Bunnett)

s 5 (4)- when property is acquired by mistake (shadrockh v cigar case)

Question 29

what does section 2 (1)(a) of the mens rea cover regarding dishonesty

Answer 29

defendant is not dishonest if they honestly believe they have a legal right to the property

Question 30

what does section 2(1)(c) of the mens rea say about dishonestty

Answer 30

d is not dishonest if they honestly believe the owner can’t be found

small( case)

Question 31

what does section 2(1)(b) of the mens rea say about dishonestty

Answer 31

d if not dishonest if they honestly believe the owner would consent (holden)

Question 32

what is the test for dishonesty

Answer 32

• under barton and booth based on Ivey

objective. was the act dishonest according to the ordinary standards of the reasonable person

subjective -
- did the defendant know/believe they were dishonest

Question 33

what does s 6 cover regarding the intention to permanently deprive

Answer 33

• if the property has lost all goodness or practical value, it constitutes an intention to permanently deprive

Lloyd

Question 34

what is insufficient for itpd according to a specific case

Answer 34

• Easom
• conditional intent ( e.g checking handbag for valuable items but returning it) is insufficient for itpd

Question 34

what case examples illustrates intention to permanently deprive

Answer 34

r v lavender