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.
