Theft

Question 1

What is the act for theft + what does it say?

Answer 1

S.1 theft act 1968
“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”

Question 2

What are the 5 sections for theft

Answer 2

S.2 dishonestly (MR)
S.3 appropriates (AR)
S.4 property (AR)
S.5 belonging to another (AR)
S.6 intention of permanently depriving the other (MR)

Question 3

Actus reus of theft

Answer 3

S.3 appropriation
S.4 property
S.5 belonging to another

Question 4

What is appropriation

Answer 4

Any assumption by a person of the rights of the owner

Question 5

Cases for appropriation

Answer 5

R v Morris
Lawrence v MPC
R v Hicks

Question 6

How is property defined

Answer 6

•money
•personal property
•real property eg land and building
•things in action eg bank account
•other intangible property rights with no physical presence eg copyright

Question 7

Cases for property

Answer 7

Oxford v moss (knowledge of questions not property)
R v Marshall (unexpired tickets are property)

Question 8

How is belonging to another defined

Answer 8

The owner is the person with possession and control of the property

Question 9

Cases for belonging to another

Answer 9

R v Turner (No.2) (his car was under the control of the garage so theft)
R v Woodman (left metal scraps were capable of being stolen)

Question 10

Property as a mistake case

Answer 10

AG Red (No.1) if the defendant doesn’t withdraw or return accidental money then there is theft

Question 11

Mens rea theft

Answer 11

S.2 dishonesty
S.6 intention to permanently depriving

Question 12

How is dishonesty defined

Answer 12

There cannot be a recklessness to steal so dishonesty must occur there are exceptions

Question 13

When is there not dishonesty

Answer 13

S2(1)(a) genuine belief that there was a legal right to property
S2(1)(b) genuine belief the owner would have consented
S2(1)(c) the owner cannot be discovered by taking reasonable steps

Question 14

Test for dishonesty

Answer 14

Ivey v genting -> Barton and booth
Test the dishonesty against the reasonable and honest person of society

Question 15

How is intention to permanently deprive defined

Answer 15

If they intend to treat the property as his own to dispose of regardless the owners rights and may occur if the D claims he only intended to borrow the goods for a period of time as it includes intention to borrow as long as may as well have been outright taking

Question 16

Cases for intention to permanently deprive

Answer 16

R v Lavender
R v Lloyd (not intention as they returned the goods in the same condition)