THEFT

Question 1

What is the definition of Theft?

Answer 1

S1 Theft Act 1968
The dishonest appropriation of property belonging to another, with the intention to permanently deprive

Question 2

What act is Theft found under?

Answer 2

S1 Theft Act 1968

Question 3

What are the stages of the AR?

Answer 3

Appropriation
Property
Belonging to another

Question 4

What are the stages of the MR?
Theft

Answer 4

Dishonesty
Intention to permanently deprive

Question 5

What is the first stage of theft? (title)

Answer 5

Appropriation (S3)

Question 6

What is the definition of Appropriation?

Answer 6

Section 3
‘Assuming the rights of the owner’

Question 7

What is the first stage of theft? In full

Answer 7

Section 3
‘Assuming the rights of the owner’
Morris
‘Any interference with the owner’s rights is an appropriation’
Gomez
‘The appropriation must be dishonest’

Question 8

Section 3

Answer 8

‘Appropriation is assuming the rights of the owner’

Question 9

‘Appropriation is assuming the rights of the owner’

Answer 9

Section 3

Question 10

Morris

Answer 10

‘Any interference with the owner’s rights is an appropriation’

Question 11

‘Any interference with the owner’s rights is an appropriation’

Answer 11

Morris

Question 12

Gomez

Answer 12

‘The appropriation must be dishonest’

Question 13

‘The appropriation must be dishonest’

Answer 13

Gomez

Question 14

Stage 1: Appropriation SIDE RULES

Answer 14

Lawrence
‘An appropriation can still occur with the owner’s consent’
Hinks
You can appropriate property even if you receive it as a gift if you act dishonestly’

Question 15

Lawrence

Answer 15

‘An appropriation can still occur with the owner’s consent’

Question 16

‘An appropriation can still occur with the owner’s consent’

Answer 16

Lawrence

Question 17

You can appropriate property even if you receive it as a gift if you act dishonestly’

Answer 17

Hinks

Question 17

Hinks

Answer 17

You can appropriate property even if you receive it as a gift if you act dishonestly’

Question 18

What is stage 2 of theft? (Title)

Answer 18

Property (S4)

Question 19

What is the section number under appropriation?

Answer 19

Section 3

Question 20

What is the section number under property?

Answer 20

Section 4

Question 21

What is property defined as?

Answer 21

Section 4
‘Real, person, intangible property or money’

Question 22

‘Real, personal, intangible property or money’

Answer 22

Section 4

Question 23

What are example of what isn’t property?

Answer 23

Wild plants unless they are to be sold (S4)
Wild animals unless taken to be sold (S4)
Obtaining knowledge (Oxford v Moss)

Question 24

Oxford v Moss

Answer 24

Obtaining knowledge isn't property

Question 25

Obtaining knowledge isn't property

Answer 25

Oxford v Moss

Question 26

What section does belonging to another come under?

Answer 26

Section 5

Question 27

What is stage 3 of theft?

Answer 27

Belonging to another (Section 5)

Question 28

What is the definition in belonging to another?

Answer 28

S5(1) 'property belongs to another if they have possession or control over it, or they have a right or interest in it'

Question 29

Side rules of belonging to another (with case)

Answer 29

Turner 'If someone else has a right or interest in your property, you can steal your own property' S5(1) 'Lost property still belongs to the owner if they have a right or interest in it' Basildon 'If the owner has the intention to abandon property, whoever takes the property will not be liable for theft S5(3) Davidge v Bunnet 'If property is given to you for a specific purpose, you have the legal duty to fulfill that purpose' S5(4) 'Where property is obtained by mistake, you have the legal obligation to return it'

Question 30

Turner

Answer 30

'If someone else has a right or interest in your property, you can steal your own property'

Question 31

'If someone else has a right or interest in your property, you can steal your own property'

Answer 31

Turner

Question 32

S5(1)

Answer 32

'Lost property still belongs to the owner if they have a right or interest in it'

Question 33

'Lost property still belongs to the owner if they have a right or interest in it'

Answer 33

S5(1)

Question 34

Basildon

Answer 34

'If the owner has the intention to abandon property, whoever takes the property will not be liable for theft

Question 35

'If the owner has the intention to abandon property, whoever takes the property will not be liable for theft

Answer 35

Basildon

Question 36

S5(3)

Answer 36

'If property is given to you for a specific purpose, you have the legal obligation to fulfill that purpose'

Question 37

'If property is given to you for a specific purpose, you have the legal obligation to fulfill that purpose'

Answer 37

S5(3) Davidge v Bunnet

Question 38

S5(4)

Answer 38

Where property is obtained by mistake, you have the legal obligation to return it

Question 39

Where property is obtained by mistake, you have the legal obligation to return it

Answer 39

S5(4)

Question 40

What is stage 4 of theft?

Answer 40

Dishonesty (Section 2)

Question 41

What does Section 2 state? Theft

Answer 41

There isn't a definition of dishonesty but we can tell what is NOT dishonest through the three negatives

Question 42

What are the section numbers and rule of law for the three negatives?

Answer 42

S2(1a) You are not dishonest if you believe you have the right in law to take the property S2(1b) You are not dishonest if you believed the owner would consent to you taking the property S2(1c) You are not dishonest if you cannot find the owner of the property by taking reasonable steps

Question 43

What are the section numbers for the three negatives?

Answer 43

S2(1a) S2(1b) S2(1c)

Question 44

S2(1a)

Answer 44

You are not dishonest if you believe you have the right in law to take the property

Question 45

You are not dishonest if you believe you have the right in law to take the property

Answer 45

S2(1a)

Question 46

S2(1b)

Answer 46

You are not dishonest if you believed the owner would consent to you taking the property

Question 47

You are not dishonest if you believed the owner would consent to you taking the property

Answer 47

S2(1b)

Question 48

S2(1c)

Answer 48

You are not dishonest if you cannot find the owner of the property by taking reasonable steps

Question 49

You are not dishonest if you cannot find the owner of the property by taking reasonable steps

Answer 49

S2(1c)

Question 50

What do you always apply in stage 4?

Answer 50

The dishonesty test

Question 51

What case does the dishonesty test come from?

Answer 51

It was established in IVEY and confirmed in BOOTH

Question 52

What is the dishonesty test?

Answer 52

BARTON 'Was the D dishonest by the standard of an ordinary, honest and reasonable person?

Question 53

What type of test is the dishonesty test?

Answer 53

OBJECTIVE

Question 54

Barton

Answer 54

'Was the D dishonest by the standard of an ordinary, honest and reasonable person?

Question 55

'Was the D dishonest by the standard of an ordinary, honest and reasonable person?

Answer 55

Barton

Question 56

What is stage 5 of theft?

Answer 56

Section 6 Intention to permanently deprive

Question 57

What section number does stage 5 come under?

Answer 57

Section 6

Question 58

What is the definition of intention to permanently deprive?

Answer 58

S6(1) D treats the property as their own, regardless of the owner's rights

Question 59

S6(1)

Answer 59

D treats the property as their own, regardless of the owner's rights

Question 60

D treats the property as their own, regardless of the owner's rights

Answer 60

S6(1)

Question 61

Side rules of intention to permanently deprive

Answer 61

Velumyl Even if you intent to replace money, you never replace the exact same notes and coins Lloyd Borrowing property and returning it in a changed state is considered theft Easom If D only intends to steal something of value, this is not enough for theft

Question 62

Velumyl

Answer 62

Even if you intent to replace money, you never replace the exact same notes and coins

Question 63

Even if you intent to replace money, you never replace the exact same notes and coins

Answer 63

Velumyl

Question 64

Lloyd

Answer 64

Borrowing property and returning it in a changed state is considered theft

Question 65

Borrowing property and returning it in a changed state is considered theft

Answer 65

Lloyd

Question 66

Easom

Answer 66

If D only intends to steal something of value, this is not enough for theft

Question 67

If D only intends to steal something of value, this is not enough for theft

Answer 67

Easom