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CRIMINAL LAW > Theft > Flashcards

Theft Flashcards

1
Q

What type of offence is theft?

A

triable either way

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2
Q

what is the maximum sentence fir theft

A

7 years imprisonmemt

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3
Q

What section is the Theft Act 1968 defined under?

A

s1(1)

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3
Q

Define theft

A

a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

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4
Q

A person has to actually get away with the property to be considered as theft - T/F?

A

FALSE - don’t have to get away with property to be charged

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5
Q

What section is appropiation defined under

A

s3(1)

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6
Q

what section is property defined under

A

s4(1)

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6
Q

What section is dishonesty defined under

A

s2(1)

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7
Q

What does s5(1) provide?

A

property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest

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8
Q

What section is belonging to another under?

A

s5(1)

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9
Q

What is under s6(1)?

A

intention of permanently depriving the other of it

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10
Q

What is under s2(1)

A

Dishonesty

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11
Q

what is under s4(1)

A

property

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12
Q

what is under s3(1)

A

appropriation

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13
Q

In what order shall each step be written in? (1-5)

A
  1. appropriation
  2. property
  3. belonging to another
  4. dishonesty
  5. intention of permanently depriving the other of it
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14
Q

What does it mean to assume the rights of the owner?

A

taking over the possession

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14
Q

(appropriation) R v Morris legal principle?

A

only one right needs to be assumed for appropriation to occur

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15
Q

when does appropriation occur

A

when D assumes the right of the owner dishonestly

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16
Q

Appropriation can take place even though the V _____

A

consents

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17
Q

2 other ways appropriation can occur (apart from assuming right of owner dishonestly)

A
  • Even if V consents
  • Acquires property in the form of a gift
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18
Q

Expand on the case of R v Hinks - why was it appropriation if it was acquired as a gift?

A

The gift of £60,000 & TV set was appropriated by being dishonestly accepted, older man of limited intelligence taken advantage of/manipulated

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19
Q

Define property

A

money and all other property, real or personal, including things in action and other tangible property

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20
Q

What does Property not include? What case shows this?

A

does not include confidential information (e.g knowledge) (Oxford v Moss)

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21
Q

Why could appropriation still occur in Lawrence v MPC even though V consented?

A

because they were deceived of having their money stolen - spoke very little English - D took more money than he should’ve

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22
Q

What cases shows that appropriation can take place even though the V consents

A

Lawrence v MPC
R v Gomez

23
Q

Expand on the case of Oxford v Moss

A

D was found not guilty as the confidential info of the exam papers he acquired did not amount to intangible property, you cannot be liable for theft for knowledge

24
Q

How may D have been liable in Oxford v Moss?

A

if he photocopied/printed the question and used that to cheat

25
Q

what does s4(2) say about stealing land?

A

a person cannot steal land or things forming part of land and severed from it by him or by his directors

26
Q

s4(1) says land can be stolen, but s4(2) says land can only be stolen under ____ ______ - what sections?

A

under certain circumstances: (a), (b), (c)

27
Q

s4(2)(a): when he is a ____ in breach __ _______

A

trustee
of confidence

28
Q

s4(2)(b): someone not in ______ appropriates by _____ it or appropriating something ______ severed

A

possession
severing
previously

29
Q

s4(2)(b) examples of things that can be theft if severed?

A
  • dig up turves from someone’s lawn
  • dismantle wall + take bricks
30
Q

s4(2)(c): When a person in possession of _____ under a _____ takes or removes any ____ provided to be ____ with the land.”

A

property
tenancy
fixture
used

31
Q

What can not be stolen from land under s4(3)?

A

mushrooms and plants growing wild

32
Q

when can it become theft if someone takes wild plants off land?

A

unless its for “reward or sale of other commercial purpose”

33
Q

what does s4(4) say about wild creatures ?

A

wild creatures cannot be stolen unless they’ve been tamed/kept in captivity

34
Q

list all types of property

A

TANGIBLE: Money. real/personal property
INTANGIBLE: Things in action, intangible property

35
Q

Define appropriation

A

any assumption by a person of the rights of an owner amounts to an appropriation

36
Q

What does R v Turner (No.2) include the possibility of

A

Includes the possibility of steeling property that is your own

37
Q

Expand on the case of R v Turner (No.2)

A

Garage were in possession of the car at the time so they had proprietary interest

38
Q

s5(3): If property has been ____, property under an ______ ___ deal with it in a _____ ____, but the person instead uses it for his ____ ____, he will be guilty for theft

A

received
obligation to
particular way
own purposes

39
Q

s5(3) : What happened in R v Hall

A

D was found not guilty because he was not told he was under an obligation to deal with the deposits in a particular way

40
Q

What does s5(4) provide if property is obtained by mistake ?

A

“he is under an obligation to restore the property to its rightful owner, if he fails to do this, he will be classed as intending to deprive the other of it”

41
Q

key case for property recieved by mistake

A

A-G Ref No1 of 1983

42
Q

Expand the main facts of A-G Ref No1 of 1983

A

D received an overpayment of wages, she recognised it and didn’t withdraw any of it, but she didn’t return the money so she was convicted of theft

43
Q

What is the actus reus in theft ?

A

Appropriation + Property + Belonging to another

44
Q

What are the three examples that show when D will not be acting dishonestly sectioned under?

A

s2(1)a, b, c

45
Q

s2(1)(?): if D has the belief that he has in ___ the right to ___ ___ ___ of it, on behalf of ___ or of a third person

A

a
law
deprive the other
himself

46
Q

Key case and main facts for s2(1)(a)?

A

R v Robinson
D was owed £7 by V’s wife. V’s husband dropped £5 and D kept it - not guilty - had honest belief he was entitled to the money

47
Q

s2(1)(?): If D takes property believing the ___ would ___ to it if he ___

A

b
owner
consent
knew

48
Q

key case and main facts for s2(1)(b)

A

R v Holden
D claimed other people had taken there without permission when he was charged with theft for doing the same. - Not guilty

49
Q

s2(1)(?): If D ____ property belonging to ____ believing that the person to whom it belongs ___ be ____ by taking ___ steps

A

c
appropriates
another
cannot
discovered
reasonable

50
Q

key case + main facts for s2(1)(c)

A

R v Small
D took a car he believed to be abandoned as it had been left for 2 weeks in the same place - not guilty - question to consider was whether D had honest belief that owner couldn’t be found

51
Q

what is under s2(2)?

A

even if the D is willing to pay/leaves money for the property, it is STILL dishonest

52
Q

what happens is no sections under dishonesty apply?

A

the courts must apply the common law test from the case of R v Ghosh

53
Q

What did CoA confirm in the case of ______ dishonesty?

A

R v Barton & Booth 2020
CoA confirmed the test for dishonesty is purely an objective one.

54
Q

What to apply from R v Barton & Booth is no sections apply under dishonesty

A

Whether a reasonable honest person (member of public) would consider D’s act dishonest

(if they take/use property without permission)

55
Q

Examples of when taking property is NOT dishonest

A

(SECTION) has not been proven

Genuinely Believing You Have a Right to Take the Property (e.g believing it’s for a gift)

The Property Looks Abandoned

Mistakenly Taking Property, Believing It’s Your Own

Taking Property for Safe-Keeping (and CLEAR intention to return)

56
Q

s6(1) TA 1968 provides that D will have the intention to permanently deprive the other if “his intention is to ___ the thing as ___ ___ or to ___ of _____ of the ____ rights

A

treat
his own
dispose
regardless
other’s

57
Q

What is another way of borrowing property can be classed as intention to permanently deprive the owner?

A

If D borrows property for a period of time which makes it equivalent to an outright taking/disposal

58
Q

what will NOT amount to intention to permanently deprive the owner? What case shows this?

A

if D borrows property but returns it with all its “goodness, virtue and practical value”

R v Lloyd

59
Q

What is the key case for s6(1)

A

R v Velumyl

CRIMINAL LAW (7 decks)

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