Theft

Question 1

What is the definition of theft ?

Answer 1

Defined in s1 of the theft act 1968 as dishonestly appropriation a property belonging to another with the intention to permanently deprive.

Question 2

What is appropriation?

Answer 2

Assuming the rights of the owner and example of this is swapping price labels (R V Morris)

Question 3

What are the 5 different types of property ?

Answer 3

Money, real property, personal property e.g hair (R V Herbert), things in action and any intangible thing that would be considered property.

Question 4

What would not be considered property ?

Answer 4

Things in continuation like wild plants and confidential information are not property (Oxford V Mass)

Question 5

What is belonging to another ?

Answer 5

V must have possession, control or propriety interest if the V has given D the property it must be used for its intended purpose. If the D is mistaken they have to give it back.
(AG Ref No 1 1983)

Question 6

What are the exceptions of dishonesty ?

Answer 6

The D thinks they have the owners consent (R V Holden)
D thinks they have a right to the property (R V Robinson)
D takes the reasonable steps but cannot find the owner (R V Small)

Question 7

What is the Ivey test ?

Answer 7

Did the D realise that they were being dishonest by the standards? And was what was done seen dishonest by an honest and reasonable person.

Question 8

What is intention to permanently deprive ?

Answer 8

D assumed the property is there’s and does not give it back there is not ITPD of the ad gives the property back (R V Lloyd)