Theft Flashcards
Define theft under the Theft Act 1968.
Theft is defined under Section 1 of the Theft Act 1968 as “dishonestly appropriating property belonging to another with the intention of permanently depriving them of it.”
What is the actus reus of theft?
The actus reus of theft is appropriating property belonging to another.
What is the mens rea of theft?
The mens rea of theft is dishonesty and an intention to permanently deprive.
What does “appropriation” mean in the context of theft?
Appropriation means taking or assuming the rights of the owner, as per Section 3 of the Theft Act 1968.
Explain the term “property” under the Theft Act 1968.
Property includes money, tangible items, and some intangible rights, as defined in Section 4 of the Theft Act 1968.
Who is considered the “owner” in a theft case?
The owner is the person with possession, control, or proprietary rights over the property.
What does it mean to “permanently deprive” someone of property?
To “permanently deprive” means intending to treat the property as one’s own, disregarding the owner’s rights (Section 6).
Explain “dishonesty” in relation to theft.
Dishonesty is a key element, determined by standards of ordinary, reasonable people.
What is the significance of the case R v Morris in relation to appropriation?
The case shows that assuming any rights over property can be appropriation.
How did the case Lawrence v Metropolitan Police Commissioner impact the interpretation of appropriation?
Lawrence v MPC established that consent does not prevent appropriation.
Explain how appropriation occurs in theft.
Appropriation in theft occurs when someone assumes the rights of the owner over property.
Can appropriation occur if the owner consents? Explain with case law.
Yes, appropriation can occur even if the owner consents, as demonstrated in Lawrence v MPC.
How does the case R v Gomez illustrate consent and appropriation?
R v Gomez clarified that appropriation can happen even if the owner consents.
What role does the case R v Hinks play in the concept of appropriation?
R v Hinks ruled that appropriation includes receiving gifts if obtained dishonestly.
Is it possible for appropriation to occur multiple times? Give reasons.
Yes, appropriation can occur multiple times, as each act may constitute a separate appropriation.
How does R v Atakpu and Abrahams challenge the concept of continuous appropriation?
The case illustrated that appropriation does not continue indefinitely once completed.
Does appropriation include assuming rights only partially?
Yes, assuming any right over property is considered appropriation.
Can someone be guilty of theft if they do not physically remove the property?
Yes, assuming rights, like selling property, is sufficient for theft without physical removal.
Explain how appropriation can apply to intangible property.
Appropriation applies to intangible property when someone assumes rights over it, like intellectual property.
Does borrowing constitute appropriation in theft cases? Why or why not?
Borrowing does not usually constitute appropriation unless done with an intent to permanently deprive the owner.
What types of property can be stolen under the Theft Act 1968?
Types of property include tangible items, money, and certain intangible rights.
Are intangible properties included under the Theft Act 1968? Provide examples.
Yes, intellectual property, debts, and rights can be stolen.
Can wild animals be considered property in theft cases? Explain.
Wild animals are not usually considered property unless they have been tamed or confined.
When does taking wild flowers or plants amount to theft?
Taking wild flowers or plants amounts to theft if it is for sale or reward.
Is information considered “property” under the Theft Act 1968? Use case law.
Information is not considered property, as shown in the case Oxford v Moss.
How does Oxford v Moss impact the definition of “property”?
Oxford v Moss ruled that information alone does not count as property.
Can body parts be considered property? Use case law to explain.
Yes, body parts can be considered property if preserved for certain uses (R v Kelly and Lindsay).
What was the ruling in R v Kelly and Lindsay regarding human remains?
R v Kelly and Lindsay ruled that human body parts can be property if used for medical purposes.
What does “other intangible property” refer to under the Theft Act?
It refers to rights or privileges like licenses.
Can stolen property include items that were unlawfully possessed?
Yes, as long as possession was interrupted, unlawfully possessed items can be stolen.
What does “belonging to another” mean under the Theft Act 1968?
“Belonging to another” means having ownership, possession, or control over the property.
How can someone steal their own property?
Theft of one’s own property is possible if it’s in another’s possession or control (Turner (No. 2)).
What is the significance of the case Turner (No. 2) in theft law?
It showed that an owner could steal their own property if it’s in another person’s control.
Can lost property still “belong to another”? Explain with cases.
Yes, lost property belongs to the original owner unless it has been abandoned.
Explain how possession or control affects ownership in theft cases.
Possession or control over property, even temporarily, affects ownership, as in cases involving parking lots.
How does R v Woodman illustrate possession without knowledge?
R v Woodman demonstrated that someone could have possession without knowing the item’s presence.
When does abandoned property still belong to another?
Abandoned property is only ownerless if clearly abandoned by the owner.
What is the significance of the case R v Rostron in relation to abandoned property?
R v Rostron established that “lost” property in a golf course pond was not abandoned but remained the property of the golf club.
Explain the role of trusteeship in “belonging to another.”
Trustees hold property for beneficiaries, and theft applies if a trustee misuses it.
How do statutory obligations impact theft in cases of lost property?
Statutory obligations mean property must be returned if it’s known to belong to another.
Explain the term “dishonesty” under the Theft Act 1968.
Dishonesty is judged by the standards of ordinary, reasonable people.
How does Section 2 of the Theft Act define dishonesty?
Section 2 defines dishonesty and outlines situations where conduct is not dishonest (e.g., believing in a legal right).
Explain the “Ghosh Test” for dishonesty.
The Ghosh Test is a two-stage test based on ordinary standards of honesty and the defendant’s awareness of those standards.
What are the two stages of the Ghosh Test?
1) Was the conduct dishonest by ordinary standards? 2) Did the defendant realize it was dishonest by those standards?
How does the Ivey v Genting Casinos case impact dishonesty in theft?
It removed the subjective element of dishonesty, relying solely on an objective standard.
Compare the Ghosh and Ivey tests for dishonesty.
The Ghosh test included both objective and subjective elements; Ivey is purely objective.
Is it still theft if the person believes they have a legal right?
No, it’s not theft if they genuinely believe they have a legal right (Holden).
What does the Holden case demonstrate about belief in a legal right?
Holden established that a genuine belief in a legal right negates dishonesty.
How does intent affect the dishonesty element in theft?
Dishonesty must involve intentional disregard for ownership, not accidental actions.
Is it dishonest if a person mistakenly believes they own something?
It is dishonest only if they realize the mistake and choose to ignore it.
What does ‘intention to permanently deprive’ mean in theft?
It means intending to take property without returning it or treating it as if it is one’s own.
What does Section 6 of the Theft Act state about ‘intention to permanently deprive’?
Section 6 explains that borrowing is theft if it’s for a period that deprives the owner of its value.
How does the case R v Velumyl relate to ‘intention to permanently deprive’?
In R v Velumyl, taking money with the intent to replace it later still amounted to theft because it wasn’t the exact money.
Does borrowing with intent to return constitute theft?
Generally, borrowing does not constitute theft unless it significantly diminishes the item’s value.
Explain how the case R v Lloyd clarifies ‘intention to permanently deprive’.
R v Lloyd established that theft requires returning the property in a diminished state or intending not to return it at all.
Can the intention to ‘treat the item as one’s own’ imply theft?
Yes, treating property as one’s own can imply theft if it disregards the owner’s rights.
How does the concept of ‘substantial risk’ relate to permanently depriving?
If the property faces a substantial risk of loss or damage, it may suggest intent to permanently deprive.
Can conditional intention amount to theft?
Conditional intent does not usually constitute theft unless the condition actually deprives the owner.
Is it theft if someone intends to replace an item later?
Yes, as shown in R v Velumyl, replacement does not negate theft if the intent to return the same item is missing.
What role does ‘value’ play in determining if there was intent to deprive?
Theft can occur if borrowing deprives the owner of the property’s main value.
What is theft by finding?
Theft by finding occurs when someone keeps found property knowing it belongs to someone else.
How does the case R v Rostron illustrate theft by finding?
R v Rostron ruled that golf balls in a pond remained property of the club, making removal theft.
Can a person steal money from a found wallet?
Yes, if they know the wallet belongs to someone else and do not attempt to return it.
What is the significance of mistaken delivery in theft?
Keeping goods delivered by mistake is theft if the recipient knows of the mistake and fails to return them.
Does taking money mistakenly deposited in a bank account constitute theft?
Yes, taking money knowingly deposited by mistake is theft.
How does Attorney-General’s Reference (No. 1 of 1983) illustrate theft in cases of mistaken payments?
It ruled that failing to return mistakenly paid funds constitutes theft if there’s awareness of the error.
What if someone mistakenly believes a found item is theirs?
It’s not theft if there is an honest belief that the item belonged to them.
Is it theft to use a credit card found in a public place?
Yes, using someone else’s card knowingly is theft.
How does R v Turner (No. 2) relate to taking one’s own property?
The case shows that taking one’s own property from someone else’s possession can still be theft.
How does theft differ from fraud?
Theft involves appropriation without consent, while fraud involves deception for gain.
Can dishonesty in theft be subjective?
The Ivey case shifted focus to an objective standard, reducing subjectivity in assessing dishonesty.
What are examples of actions that would not be considered dishonest?
Believing in a right to property, intending to return it, or unaware it belonged to someone else.
Explain the case R v Robinson and its impact on dishonesty.
R v Robinson ruled that if someone believes they have a right to property, it’s not theft.
How does R v Small address mistaken belief in ownership?
It shows that honest belief in abandonment or ownership can negate dishonesty.
What standard did the Ghosh test use to determine dishonesty?
It used both an objective standard of ordinary people and subjective awareness.
How does Ivey v Genting Casinos clarify dishonesty in theft?
Ivey set an objective standard, asking if the conduct would be seen as dishonest by ordinary standards.
Can deception be considered dishonest under the Theft Act?
Yes, deceiving someone for gain is considered dishonest.
What is the ‘ordinary standards’ test in assessing dishonesty?
It examines whether society’s typical standards would view the conduct as dishonest.
How does a mistaken belief in a right to property affect dishonesty?
Honest belief in a right negates dishonesty under Section 2 of the Theft Act.
What is an example of dishonesty in relation to theft?
Taking a phone knowing it belongs to someone else without returning it.
What key principle did R v Morris establish?
Assuming any rights of the owner constitutes appropriation.
Why is Lawrence v MPC significant in theft law?
It established that even with the owner’s consent, appropriation can occur.
What was the ruling in R v Gomez?
Consent from the owner does not prevent an act from being appropriation.
How did R v Hinks affect the concept of gifts and appropriation?
It ruled that accepting gifts could be appropriation if obtained dishonestly.
What does Turner (No. 2) teach about ownership and control?
Taking property from another’s control can still be theft, even if owned by the defendant.
Explain R v Rostron and its impact on lost property.
It ruled that found property is not abandoned if still in an owner’s possession.
What did Oxford v Moss determine regarding information as property?
It ruled that information alone does not constitute property under theft law.
Explain R v Velumyl and its significance in theft of money.
It clarified that replacing borrowed money does not negate theft if the exact money is not returned.
How did R v Lloyd impact the concept of borrowing in theft?
It ruled that borrowing is not theft unless the item’s value is diminished.
What does Attorney-General’s Reference (No. 1 of 1983) clarify about mistaken payments?
It ruled that knowingly keeping mistaken payments constitutes theft.
Can theft occur without any physical movement of property?
Yes, theft can occur through assuming rights, like selling or using property without consent.
What does the phrase ‘intangible property’ mean under the Theft Act?
Intangible property includes rights and interests, such as shares or licenses.
Is using someone else’s password without permission theft?
While not traditional theft, it may be prosecuted under different laws, like the Computer Misuse Act.
What is a ‘trustee’ in relation to theft?
A trustee holds property for a beneficiary and can be guilty of theft if misusing it.
How does theft law handle items held in trust?
Theft applies if a trustee misappropriates property intended for the beneficiary.
What does ‘belonging to another’ mean in shared property?
It means each owner has rights, and taking it without others’ consent can be theft.
Is deception considered theft if it leads to gain?
Deception can lead to theft if it involves taking property dishonestly.
Can a person ‘steal’ labor or services?
No, under the Theft Act 1968, only property can be stolen, not labor or services.
What is the significance of ‘value’ in assessing theft?
High-value theft may lead to harsher sentences, but any value can constitute theft.
Summarize the key elements of theft under the Theft Act 1968.
Theft requires appropriation, property, belonging to another, dishonesty, and intent to permanently deprive.
