Theft

Question 1

Theft

Answer 1

• s.1 Theft Act 1968
  -AR: Appropriates, property, belonging to another
  -MR: dishonesty, intention to permanently deprive
  -specific intent offence

Question 2

Appropriation

Answer 2

-s.3 Theft Act 1968
-any assumption made by a person of the rights of the owner
-appropriation is there if the defendant acquires property with consent but later deals with property as the owner

Question 3

Pitham v Hehl

Answer 3

No need for property to be removed from the owner for an appropriation.

Question 4

R v Lawrence

Answer 4

If its not real consent it can still be an appropriation.

Question 5

R v Hinks

Answer 5

If you accept something dishonestly it can be an appropriation.

Question 6

Property

Answer 6

-s.4 Theft Act 1968
-includes money and all other property real or personal including things including things in action and other intangible property
-electricity is intangible property which cannot be stolen

Question 7

Proprietary Interest

Answer 7

-legally enforceable right to possess or use property

Question 8

What is considered property on wild growing plants?

Answer 8

-If they are picked for reward or for sale or other commercial purpose
-a person cannot steal things forming part of land and severed from it (exceptions apply such as stealing the thing itself)

Question 9

s.11 Theft Act 1968

Answer 9

-offence for a person who dishonestly uses electricity without due authority, or dishonestly causes to be wasted or diverted

Question 10

Oxford v Moss

Answer 10

-Information cannot be stolen

Question 11

R v Turner

Answer 11

-whoever is in possession or control is who it belongs to

Question 12

R v Webster

Answer 12

-whoever has a proprietary interest (legal right) in it

Question 13

Davidge v Bunnett

Answer 13

-when property is received with a certain obligation to deal with it in a certain way it must be dealt with in that way