Theft

Question 1

Where is it from

Answer 1

Theft Act 1968

Question 2

Section 1 of theft act 1968

Answer 2

Definition of theft- D dishonestly appropriates property belonging to another with intention to permamently deprive the other

Question 3

S.3 of the Theft act 1968

Answer 3

Appropriation/assuminv the right of an owner.
R v Vinall- assumed the right when they took the bike and when they abandoned it
R v Moris- don’t have to assume all the rights
R v Atakpu and Abrahams- appropriation takes place at the first moment D assumes right of an owner
S3(1)- later assumption of rights
Lawremce v Commissioner- consent doesn’t matter.

Question 4

S.3 of the Theft act 1968

Answer 4

Appropriation/assuminv the right of an owner.
R v Vinall- assumed the right when they took the bike and when they abandoned it
R v Moris- don’t have to assume all the rights
R v Atakpu and Abrahams- appropriation takes place at the first moment D assumes right of an owner
S3(1)- later assumption of rights
Lawremce v Commissioner- consent doesn’t matter.

Question 5

S.4 of Theft Act 1968

Answer 5

Property-
Money-banknotes/coins
Real property- land (S4(2))
Personal property- all moveable items such as jewelry [R v Smith-illegal drugs, R v Kelly and Lindasy- body parys still peoperty ]
Things in action- a right which can be enforced against another perspn by an action in law- bank accounts
Other intangible propery- no physical structure such as electricity [Oxford v Moss- confidential info is not property]

Question 6

S5 Theft Act 1968

Answer 6

Belonging to another-
-possesion or control of property (even if temporary- means original owner could be charged with theft- R v Turner)
-even if person in possession or control does not realise that they are in possession- R v Woodman
-item left unintended, for someone else, still seen as in possession of of original owner until new owner- R v Basildon
-someone had proprietary interest- R v Webster
-property received under an obligation- R v Hall
-property received by mistake- R v Gilks

Question 7

S2 od Theft Act 1968

Answer 7

Dishonesty
1) exceprion
A. Robinsons- genuine legal belief
B. Holden- belief theh had consent
C. Small- owner not findable

2. Dishonesty
   R v Barton and Booth 2020- accelted Ivey v Casino test as it was previously said in orbiter in civil law. Can be used in criminal.

Question 8

S6 Theft Act 1968

Answer 8

Intention to permamently deprive the other.
R v Velumyl- replacing items with a replica still counts
DPP v Lavender- disposal means that you intend to treat the item as your own
R v Lloyd- borrowing can amount to theft if circumstances and period of time change