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

appropriation

Answer 2

• physcical taking
• no need to physically remove item
• ANY assumption of the rights of owner with/without consent ( pithy v hehl)
• includes right of owner to throw away/ gift away/ destroy/ sell or keep
• consent with deception - Lawrence
• ## gift can constitute appropiation - Hopkins and kendrick

Question 3

actus reus
- property

Answer 3

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

Question 4

wht constitutes property

Answer 4

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

Question 5

describe executions found in

Answer 5

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 6

actus reus
belonging to another

Answer 6

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

Question 7

s3 1 and 2

Answer 7

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 8

r v kelly and Lindsay

Answer 8

• party of corpse are capable of being property within section 4 of the theft act

Question 9

what are the different sections for.

Answer 9

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

Question 10

3 actus reus for theft

Answer 10

appropiats
property
belonging

Question 11

2 mens rea for theft

Answer 11

dishonesty
with the intention of permanently depriving the other of it

Question 12

examples of appropiation

Answer 12

• 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 13

r v vinall

Answer 13

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

Question 14

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

Answer 14

r v pitham and hehl

Question 15

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 15

r v morris

Question 16

Lawrence v commissioner for metropolitan police

Answer 16

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

Question 17

r v Gomez

Answer 17

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

Question 18

when else can there be appropriation under s3(1)

Answer 18

• 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 19

what is the definition of property

Answer 19

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

Question 20

what are the 5 items that are defined as property

Answer 20

• 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 21

what are the 3 circumstances that land can be stolen

Answer 21

• 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 23

things that can’t be stolen

Answer 23

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

• plants growing wild
• wild animals

Question 24

what does belong to another mean

Answer 24

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