Theft

Question 1

Act?

Answer 1

S1 Theft Act 1968

Question 2

Appropriation section?

Answer 2

3

Question 3

(Morris)

Answer 3

Appropriation is assuming the owners rights, this can include taking, selling, destroying, using and taking the owners rights too far and treating as their own

Question 4

(Lawrence)

Answer 4

Can achieve consent through deception

Question 5

Property section?

Answer 5

4(1)

Question 6

(Kohn)

Answer 6

Things in action

Question 7

(Chan Nai- Keung)

Answer 7

Intangible property

Question 8

(Welsh)

Answer 8

Urine sample

Question 9

(Welsh Oxford v Moss)

Answer 9

Confidential data NOT

Question 10

(R v Smith (Micheal) and others)

Answer 10

Class A drugs

Question 11

S4(3)

Answer 11

Wild plants are not property unless taken for a reward or sale

Question 12

S5?

Answer 12

Property must belong to another

Question 13

(Turner)

Answer 13

Possession, control or proprietary interest

Question 14

S5(3)(Wain)

Answer 14

Obligation to deal with property a certain way

Question 15

S5(4) (Gilks)

Answer 15

Property received by mistake belong to another, D had obligation to make restoration

Question 16

Dishonesty section?

Answer 16

2

Question 17

Not dishonest if (Holden)

Answer 17

He believes:
A. He has a legal right to the property
B. The owner would consent to the appropriation
C. The owner cannot be discovered by taking reasonable steps

Question 18

(Barton and Booth)

Answer 18

A. Was the Ds actual state of knowledge or beliefs as to the facts
B. Was his conduct dishonest by the standard of ordinary people

Question 19

IPD

Answer 19

S6

Question 20

(Raphael)

Answer 20

Treat the property as his own, to dispose of regardless of the owners rights

Question 21

(Lloyd)

Answer 21

Borrowing property until “goodness, virtue and practical value has gone”

Question 22

(DPP V J)

Answer 22

Borrowing or lending property for a period and in circumstances equivalent to outright taking or disposal)