Theft

Question 1

What is the definition of theft according to the Theft Act?

Answer 1

A person is guilty of theft if he/she dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Question 2

What are the key components of theft?

Answer 2

• Dishonest appropriation
• Property belonging to another
• Intention to permanently deprive

Question 3

What is the significance of the case Ivey v Genting Casinos in relation to dishonesty?

Answer 3

It confirms that a person is dishonest if:
* D genuinely believed he/she was being dishonest (subjective)
* D was dishonest according to the ordinary standards of reasonable and honest people (objective)

Question 4

True or False: The Theft Act defines dishonesty.

Answer 4

False

Question 5

Under what conditions is a person NOT considered dishonest according to the Theft Act?

Answer 5

• He or she has a right in law
• He or she would have the other’s consent
• The owner cannot be discovered

Question 6

What does appropriation mean in the context of theft?

Answer 6

Appropriation occurs where there is an assumption of the rights of an owner.

Question 7

According to the case Gomez, what does appropriation include?

Answer 7

Any of the rights of the owner.

Question 8

What types of property are included under the definition of property in the Theft Act?

Answer 8

• Money
• All other property, real or personal

Question 9

What types of property are NOT included in the definition of property?

Answer 9

• Knowledge
• Mushrooms
• Flowers
• Fruit and foliage
• Wild creatures
• Electricity

Question 10

How can property belong to another?

Answer 10

• Possession or control
• Proprietary interest
• Received under an obligation or mistake

Question 11

What is the implication of the Turner (No 2) case regarding theft?

Answer 11

Property can be stolen from someone other than the owner.

Question 12

What indicates that D has the intention to permanently deprive?

Answer 12

It is D’s intention to treat the thing as his or her own to dispose of.

Question 13

Fill in the blank: A person is guilty of theft if he/she ________ appropriates property belonging to another.

Answer 13

[dishonestly]

Question 14

In light of the above, what might the conclusion be regarding D’s guilt in a theft case?

Answer 14

D will be found guilty/not guilty of theft.