Theft

Question 1

what is the max sentence for theft?

Answer 1

7 years

Question 2

where is the crime of theft set out?

Answer 2

s.1(1) of the Theft Act 1968

Question 3

what does this act state?

Answer 3

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 4

How many elements are in this crime?

Answer 4

5

Question 5

what elements are mentioned in the AR of theft?

Answer 5

Appropriates
Property
Belonging to another

Question 6

what elements are mentioned in the MR of theft?

Answer 6

Dishonestly
With the intention to permanently deprive the other of it

Question 7

Where is the first element defined and what does it say?

Answer 7

Defined in s.3 as “any assumption by a person of the rights of an owner”

Question 8

what does the does the act say about borrowing and where does it say it?

Answer 8

Borrowing something and then not giving it back can be appropriation – s.3(1)

Question 9

what is said about consent and when does appropriation of consent occur?

Answer 9

Appropriation can occur even when the owner has consented to the D taking their property, provided the D has acted dishonestly.

Question 10

Lawrence v MPC (1972)

Answer 10

Italian offered taxi driver £1 for a 50p journey. Driver intimated that not enough, and took £6 when the Italian held out his wallet. THEFT!

Question 11

Morris (1983

Answer 11

Shopper swaps the labels in the supermarket, so he could get the food through the checkout more cheaply. THEFT!

Question 12

DPP v Gomez (1993)

Answer 12

Shop assistant and customer conspired to trick shop manager into believing two cheques were valid, so he would let the customer leave with goods, only for the cheques to later bounce. THEFT!

Question 13

Hinks (1998)

Answer 13

Hinks befriended a man of limited intelligence and encouraged him to give her sums totalling £60,000 in gifts. By 3/2, HoL decided than an appropriation had occurred even though the D had given consented as the D had acted dishonestly

Question 14

where is the second element is defined and what does it say?

Answer 14

S4(1) states that property includes: “money and all other property, real or personal, including things in action and other intangible property”

Question 15

Tangible

Answer 15

Things you can touch

Question 16

Intangible

Answer 16

Rights which can be enforced by court action, e.g. song lyrics

Question 17

when can land be deemed as stolen and where is this stated?

Answer 17

s4 (2) A person cannot steal land, or things forming part of land and severed from it by him or by his directions, except in the following cases:

If you transfer ownership of the land when it not yours to do so
If you take something from the land like crops/soil
If a tenant in a student house removes fixtures

Question 18

when are plants deemed as stolen and what section is this stated in ? (give an example)

Answer 18

s4(3) : if a person takes something such as flowers or fruit that belongs to another bur doesn’t sell it isn’t classed as stolen
For example, you can pick wild berries from a farmer’s hedgerow but not if you plan to sell them.

Question 19

when can animals be deemed as stolen and where is this stated?

Answer 19

s4 (4) :
Taking a wild animal from the wild is not stealing, but taking any tamed or untamed animal when it is in someone else’s possession is

Question 20

Oxford v Moss (1979)

Answer 20

Defendant, an engineering student, took an exam paper with the intention of returning the paper having used the information gained in order to cheat in his exam. NOT THEFT!

Question 21

where is the third element is defined and what does it say? (give an example)

Answer 21

S5(1) states: “property shall be regarded as belonging to any person having possession or control of it, or having it in any proprietary right or interest”
For example if you let a friend borrow your purse for a party it belongs to both of you because she will be in possession of it.

Question 22

Taking something which is lost is theft but taking something which is abandoned is not. Give 2 cases that show theft had occurred.

Answer 22

Hibbert & McKiernan (1948) - taking golf balls from golf links was theft – they were lost, not abandoned.
Rickets (2010). Goods in bags outside a charity were taken. Was theft as Court said they were not abandoned as they were left for the charity shop

Question 23

Taking something which is lost is theft but taking something which is abandoned is not. Give an example that shows that theft hasn’t occurred.

Answer 23

Takin a magazine that has been left on a train is not theft, but taking from bins is (as it belongs to the council)

Question 24

where is dealing with other peoples property stated and give a case example?

Answer 24

S5(3) :
Davidge and Burnett (1984). D given money by flatmates to pay bills but spent it on Xmas presents. Guilty of theft as she had an obligation to deal with the money by paying the bills.

Question 25

if you are given something by mistake what do you do? E.g. given too much change

Answer 25

you then have an obligation to give it back; not doing so is THEFT!

Question 26

what is THEFT, as seen in AG’s Reference No 1 of 1983?

Answer 26

Given too much wage by an employer and keeping it

Question 27

where is the fourth element defined and what does it say?

Answer 27

Dishonesty is actually not defined but does provide three specific situations where the person is not deemed dishonest if he appropriates the property

Question 28

what are the three situations and where are they set out?

Answer 28

1) S2(1)(a) "in the belief that he has in law the right to deprive the other of it." (e.g. you think it’s been abandoned) 2) S2(1)(b) “in the belief that he would have the other’s consent” (e.g. He’s not in, but you use Tony’s sheers like always) 3) S2(1)(c) “in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps” (e.g. you find a £ on the street floor)

Question 29

how are these tested?

Answer 29

subjectively

Question 30

what is the case that uses one of the three to situations and which one does he use?

Answer 30

Small (1987). D takes a car which had been left for over a week with the key in the ignition. He successfully used s2(1)(a) as he believed he had a right in law and it did not matter whether the belief was reasonably held

Question 31

Ivey and Genting (2017)

Answer 31

A gambler gained an advantage by memorising imperfections in the patterns on the backs of playing cards.

Question 32

how is dishonesty established from Ivey and Genting? what are the 2 questions? (subjective or objective)

Answer 32

1. What were the facts as the D understood them to be? (SUBJECTIVE) 2. Given these facts, would they the D’s actions be considered dishonest by ordinary decent people? (OBJECTIVE)

Question 33

where is the fifth element defined and what does it say?

Answer 33

s6(1) If someone takes something that belongs to someone else but doesn’t plan to keep it forever, it can still count as stealing if they act like the thing is theirs and ignore the real owner’s rights. Borrowing something can also count as stealing, but only if the borrowing is so long or in such a way that it’s almost the same as taking it permanently. 

Question 34

what is stated in Fernandes (1996)?

Answer 34

The key phrase is “to treat the thing as his own to dispose of regardless of the other’s rights”

Question 35

Chan Man-sin v AG for Hong Kong (1985).

Answer 35

Company drew money from company accounts knowing full well bank would have to reimburse company for lost money. Argued he had not permanently deprived them of it, but court said he was treating the thing as his own

Question 36

Lloyd (1985)

Answer 36

Projectionist takes film reel to be copied but then returns it in time for next showing. Judge said not theft as for this there must be intention “to return the thing in such a changed state that can truly be said that all its goodness or virtue is gone.”