THEFT

Question 1

how does Section 1 of the theft act 1968 define theft

Answer 1

dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it

Question 2

what is the actus reus of theft

Answer 2

dishonest appropriation of property belonging to another

Question 3

what is appropriation

Answer 3

can be outright taking or treating property as your own ie selling property (Pithlam v Hehl)

Question 4

what does s3(1) state about appropriation

Answer 4

assumption of the rights of owner can take place when the property is innocently acquires, if d takes the keepsake/deals with it —> othe examples are label swapping (morris) and v coveting through deception (Lawrence,Gomez)

Question 6

Appropriation and gifts

Answer 6

can take place when there is a gift made with consent and without deception, if it’d obtained through coercion
HINKS

Question 7

appropriation and leaving property behind

Answer 7

appropriation can take place if d leaves the property behind
CORCORAN V ANDERTON

Question 8

S3(2) of the property act 1968

Answer 8

sates d would be innocent if they purchase stolen goods in good faith

Question 9

S4(1) of the theft act 1968

Answer 9

property can be tangible such as money or intangible such as things in action for example licences & patents (AG of Hong Kong v Chan Nai-Keung)

Question 10

what are the 4 things that d not constitute to property

Answer 10

1.) anything picked form the wild for reward or sale under S4(3)

2.) wild creatures unless kept in captivity, confidential information (Oxford v Moss) under S.4(4)

3.) electricity as in Low v Blease

4.) bodies/ body parts used for exhibitions/teaching purposes as in Kelly and Lindsay however body fluids can be stolen as in Welsh

Question 11

S5(1) of the theft act 1968

Answer 11

property belonging to another means victim has possession or control over it (Ricketts v Basildon Magistrate Court)