theft

Question 1

What kind of offence is theft and what act is it in?

Answer 1

Specific intent offence
Statute
Theft act 1958

Question 2

What is the actus reus of theft?

Answer 2

Appropriation - assuming the rights of the owner

Question 3

What are the rights of the owner?

Answer 3

change it, sell it, consume it, use it, give it away, destroy it, hire it out

Question 4

R v Gomez

Answer 4

Taking items from a shop shelf is appropriation

Question 5

R v Pitman & Hehl

Answer 5

you do not need to deprive the other of it in order to appropriate it

Question 6

R v Morris

Answer 6

It’s enough for the prosecution if they proved the assumption of it in order to appropriate

Question 7

R v Hall

Answer 7

receiving property under obligation

Question 8

R v Hinks

Answer 8

appropriation can occur even with consent

Question 9

What is not considered to be property?

Answer 9

wild mushrooms, fungus, shrubs, plants.
They are not considered unless picked for reward or sale

Question 10

R v Kelly & Lindsay

Answer 10

Body parts were considered property

Question 11

Oxford v Moss

Answer 11

information is not considered property

Question 12

Davidge v Bernett

Answer 12

property received under obligation must be dealt with in that way

Question 13

Attorney General Reference

Answer 13

property revived by mistake should be returned

Question 14

R v Turner

Answer 14

it is possible to steal your own property

Question 15

Define ‘belonging to another’

Answer 15

To whoever is in possession or in control or has a proprietary interest

Question 16

Define property interest

Answer 16

someone who has ownership over it

Question 17

R v Webster

Answer 17

property belongs to whoever has a proprietary interest

Question 18

Define dishonesty?

Answer 18

There is no definition to dishonesty, you look at what isn’t dishonest and go from there.

Question 19

R v Robinson

Answer 19

if she or he believes they have the legal right to appropriate
Not dishonest

Question 20

R v Small (B)

Answer 20

if she or he believes they would have consented if the other knew about it

Question 21

R v Small (C)

Answer 21

the person to who the property belongs to cannot be discovered by taking reasonable steps

Question 22

Ivy v Casinos

Answer 22

used to be the gosh test but what abolished. Now a two part test.
Subjective test: what did the defendant believe
Objective test: was his conducts dishonest by the standards of the ordinary people

Question 23

R v Velumyl

Answer 23

it doesn’t matter that the defendant intended to replace the exact value or money, he still took it and spent it

Question 24

DPP v Lavendar

Answer 24

moved the door from the council flat to another, counted as intention to permenantly deprive as he did not intend to put it back

Question 25

R v Lloyd

Answer 25

Defendant worked at a cinema and took a film to copy it, then he brought it back in the same condition before the next screening

Question 26

R v Lloyd

Answer 26

Defendant worked at a cinema and took a film to copy it, then he brought it back in the same condition before the next screening

Question 27

R v Easom

Answer 27

not guilt of theft. went through someone’s bag in the cinema but didnt take anything. conditional thefts do not amount to a crime

Question 28

Define conditional theft

Answer 28

they will take if there is something worth taking