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THEFT Flashcards

1
Q

What is the definition of Theft?

A

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

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2
Q

What act is Theft found under?

A

S1 Theft Act 1968

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3
Q

What are the stages of the AR?

A

Appropriation
Property
Belonging to another

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4
Q

What are the stages of the MR?
Theft

A

Dishonesty
Intention to permanently deprive

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5
Q

What is the first stage of theft? (title)

A

Appropriation (S3)

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6
Q

What is the definition of Appropriation?

A

Section 3
‘Assuming the rights of the owner’

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7
Q

What is the first stage of theft? In full

A

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’

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8
Q

Section 3

A

‘Appropriation is assuming the rights of the owner’

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9
Q

‘Appropriation is assuming the rights of the owner’

A

Section 3

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10
Q

Morris

A

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

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11
Q

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

A

Morris

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12
Q

Gomez

A

‘The appropriation must be dishonest’

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13
Q

‘The appropriation must be dishonest’

A

Gomez

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14
Q

Stage 1: Appropriation SIDE RULES

A

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’

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15
Q

Lawrence

A

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

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16
Q

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

A

Lawrence

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17
Q

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

A

Hinks

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17
Q

Hinks

A

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

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18
Q

What is stage 2 of theft? (Title)

A

Property (S4)

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19
Q

What is the section number under appropriation?

A

Section 3

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20
Q

What is the section number under property?

A

Section 4

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21
Q

What is property defined as?

A

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

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22
Q

‘Real, personal, intangible property or money’

A

Section 4

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23
Q

What are example of what isn’t property?

A

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

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24
Q

Oxford v Moss

A

Obtaining knowledge isn’t property

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25
Q

Obtaining knowledge isn’t property

A

Oxford v Moss

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26
Q

What section does belonging to another come under?

A

Section 5

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27
Q

What is stage 3 of theft?

A

Belonging to another (Section 5)

28
Q

What is the definition in belonging to another?

A

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

29
Q

Side rules of belonging to another (with case)

A

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’

30
Q

Turner

A

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

31
Q

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

32
Q

S5(1)

A

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

33
Q

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

34
Q

Basildon

A

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

35
Q

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

36
Q

S5(3)

A

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

37
Q

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

A

S5(3)
Davidge v Bunnet

38
Q

S5(4)

A

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

39
Q

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

40
Q

What is stage 4 of theft?

A

Dishonesty (Section 2)

41
Q

What does Section 2 state?
Theft

A

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

42
Q

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

A

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

43
Q

What are the section numbers for the three negatives?

A

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

44
Q

S2(1a)

A

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

45
Q

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

46
Q

S2(1b)

A

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

47
Q

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

48
Q

S2(1c)

A

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

49
Q

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

50
Q

What do you always apply in stage 4?

A

The dishonesty test

51
Q

What case does the dishonesty test come from?

A

It was established in IVEY
and confirmed in BOOTH

52
Q

What is the dishonesty test?

A

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

53
Q

What type of test is the dishonesty test?

54
Q

Barton

A

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

55
Q

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

56
Q

What is stage 5 of theft?

A

Section 6
Intention to permanently deprive

57
Q

What section number does stage 5 come under?

58
Q

What is the definition of intention to permanently deprive?

A

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

59
Q

S6(1)

A

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

60
Q

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

61
Q

Side rules of intention to permanently deprive

A

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

62
Q

Velumyl

A

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

63
Q

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

64
Q

Lloyd

A

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

65
Q

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

66
Q

Easom

A

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

67
Q

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

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