Theft Flashcards
What is the definition of Theft under the Theft Act 1968?
Theft is defined as dishonestly appropriating property belonging to another with the intention to permanently deprive the other.
What must be satisfied to charge someone with theft?
All elements must be satisfied in order to be charged with theft.
How is appropriation defined under S.3 of the Theft Act 1968?
Appropriation is defined as ‘assuming the rights of the owner.’ This occurs when D takes his rights too far or treats the goods as his own.
Can appropriation occur with the victim’s consent?
Yes, appropriation can occur even with the victim’s consent.
What case illustrates consent to appropriation?
R v Lawrence illustrates that appropriation can occur with the victim’s consent.
What is the issue with gifts in relation to theft?
The problem of gifts is illustrated in R v Hinks, where consent without deception is considered.
What does S.4 of the Theft Act 1968 define as property?
‘Money and all other property real or personal, including things in action and other intangible property.’
What types of property are included under S.4?
Types of property include money, real property, personal property, things in action, and other intangible property.
What is excluded from the definition of property under S.4?
Wild plants or wild animals are excluded unless taken for a gain.
What case illustrates personal property?
Kelly & Lindsay illustrates the definition of personal property.
What case demonstrates that knowledge of an examination paper is not property?
Oxford v Moss demonstrates that knowledge of the questions on an examination paper was not held to be property.
What does it mean for property to belong to another under S.5 of the Theft Act 1968?
Property belongs to another when it is under the ownership, possession, or control of another person.
This includes situations where someone has possession, control, or proprietary interest in the property.
In R v Turner, why was the defendant guilty of stealing his own car?
The car was in possession and control of the garage, making it property belonging to another.
This case illustrates how possession and control can determine ownership.
True or False: A person can be in possession or control of property without knowing it is there.
True.
This is supported by the case R v Woodman.
What does S.5(3) of the Theft Act 1968 outline?
It establishes a legal obligation to deal with property in a specific way.
This is illustrated in the case of Davidge v Bunnett.
Fill in the blank: Under S.5(4) of the Theft Act 1968, there are two situations where there is a legal obligation to return goods obtained by _______.
mistake.
The two situations are extra change after a sale (R v Gilks) and extra wage or salary (Attorney General’s Ref No1 1993).
What is the difference between lost property and abandoned property in terms of theft?
Lost property can be stolen, whereas abandoned property cannot as it does not have an owner.
This is clarified in R (on application of Ricketts) v Basildon Magistrates Court.
What are the three exclusions under S.2 of the Theft Act 1968 that may result in a defendant not being considered dishonest?
- Believes he has legal rights to deprive the other of it
- Believes the owner would give consent to take the item
- Believes the true owner cannot be found by taking reasonable steps
These exclusions are discussed in R v Holden and R v Small.
What case confirmed the definition of dishonesty as created in Ivey?
Barton and Booth.
This case elaborated on the concept of dishonesty within the context of the Theft Act.
