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Law Paper 1 - ELS + Criminal Law > Theft > Flashcards

Theft Flashcards

1
Q

What act and section does the definition of theft come from?

A

S.1 Theft Act 1968

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2
Q

What is the definition of theft?

A

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

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3
Q

What are the parts to the actus reus of theft?

A

Appropriation
Property
Belonging to another

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4
Q

What section and act does appropriation come from?

A

S.3 Theft Act 1968

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5
Q

What is the definition of appropriation?

A

Assuming the rights of an owner - basically taking something

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6
Q

What is the case that states that switching labels on goods can amount to appropriation?

A

R vs Morris

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7
Q

What is the POL from R vs Morris

A

Switching labels on goods can amount to appropriation

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8
Q

What is the case that says appropriation can still occur when the property is handed over consensually?

A

Lawrence vs Commissioner for Metropolitan Police

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9
Q

What is the POL from Lawrence vs Commissioner for Metropolitan Police?

A

D took 20x the money he was supposed to out of the wallet which amounted to appropriation - if he had taken the correct amount, it wouldn’t have been theft.

Appropriation can still occur when the property is handed over consensually

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10
Q

What is the case that said that handing over fraudulent cheques can amount to appropriation?

A

R vs Gomez

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11
Q

What is the POL from R vs Gomez?

A

Paying for goods with fraudulent, fake cheques amounted to appropriation

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12
Q

What is the case where the D stole a bike and then abandoned it?

A

R vs Vinall

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13
Q

What is the POL from R vs Vinall?

A

It doesn’t matter that the D then abandoned the bike, the appropriation occurred when he took the bike and didn’t give it bacl

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14
Q

What is the case that states that gifts can amount to appropriation?

A

R vs Hinks

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15
Q

What is the POL from R vs Hinks?

A

Although all the transactions appeared to be voluntary gifts, D was still convicted of theft as she befriended a person of low intelligence for that purpose

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16
Q

What act and section does property come from?

A

S.4 Theft Act 1968

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17
Q

What is tangible and intangible property?

A

Tangible property is anything that is physical - like a purse or TV

Intangible property is something that doesn’t exist in a physical sense - like shares or crypto

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18
Q

What is the case that states information cannot be stolen?

A

Oxford vs Moss

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19
Q

What is the POL from Oxford vs Moss?

A

A student who stole an exam paper was liable for the physical paper but not the information contained in it

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20
Q

What does S.4(2) state?

A

Property does not include land or items attached to land and severed from it

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21
Q

What are the exceptions to S.4(2)?

A

S.4(3) - There is not theft of things that grow in the wild unless it is being used for commercial purposes
S.4(4) - Wild animals cannot be stolen unless they are reduced into possession (trapped and then stolen from trap)
S.4(5) - Illegally possessed items can still be stolen

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22
Q

What is the case that covers S.4(5) - Illegally possessed items can still be stolen?

A

R vs Smith and Ors

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23
Q

What is the POL from R vs Smith and Ors?

A

S.4(5) - Illegally possessed items can still be stolen

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24
Q

What is the case that states that body parts could be regarded as property even though common law says there is no property in a corpse?

A

R vs Kelley and Lindsay

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25
What is the POL from R vs Kelley and Lindsay?
Body parts were regarded as property as they were stolen from the Royal College of Surgeons who had possession of them - even when corpses aren't regarded as property under common law
26
What act and section does belonging to another come under?
S.5 Theft Act 1968
27
What is the definition of belonging to another?
Any person that has control or possession of property
28
What is the case that states that you can still be liable of stealing your own goods?
R vs Turner
29
What is the POL from R vs Turner?
He stole his own property after driving his car out of the garage without paying for the repairs made on it - amounted to belonging to another as the garage had possession of it at the time
30
What is the case that defines lost and abandoned goods and whether you can take lost/abandoned goods legally?
R vs Rostron
31
What is the POL from R vs Rostron?
Lost property is stuff that still belongs to the original owner and where it is reasonable that you are able to find the original owner - you can steal lost property Abandoned property is stuff that has no owner or where it is reasonable that you aren't able to find the original owner - you cannot steal abandoned property In this case, it was up to the jury to decide whether golf balls left on a course were lost or abandoned - they said they were lost property, so theft conviction was upheld
32
What is the case that states that bags outside a shop are owned by the original owner until that shop takes ownership of them?
R (Ricketts) vs Basildon Magistrates Court
33
What is the POL from R (Ricketts) vs Basildon Magistrates Court?
Bags taken outside a charity shop still belong to the original owner until the shop take ownership of them
34
What is S.5(3)?
Where a person receives property from or on account of another and is under an obligation to deal with it in a particular way, the property is still treated as belonging to another
35
What is the case that supports S.5(3)?
Davidge vs Bunnett
36
What is the POL from Davidge vs Bunnett?
S.5(3) - Where a person receives property from or on account of another and is under an obligation to deal with it in a particular way, the property is still treated as belonging to another D was given money by flatmates to cover bills, but he spent it on himself instead - as he got given the money for a specific purpose it still belonged to his flatmates
37
What is S.5(4)?
Provides that is a party receives property by mistake, realises this, and has a legal obligation to give it back, then it will be treated as remaining the property for the original owner and failure to do so will be treated as belonging to another and appropriation
38
What is the case that supports S.5(4)?
AG Ref No1 1983
39
What is the POL from AG Ref No1 1983?
S.5(4) - Provides that is a party receives property by mistake, realises this, and has a legal obligation to give it back, then it will be treated as remaining the property for the original owner and failure to do so will be treated as belonging to another and appropriation A police officer received an extra £74 in her wages and failed to alert anyone or give it back - this amounted to belonging to another and appropriation
40
What are the parts of the mens rea of theft?
Intention to permanently deprive Dishonesty
41
What act and section does intention to permanently deprive come from?
S.6 Theft Act 1968
42
What is the case that states mere borrowing does not constitute intention to permanently deprive?
R vs Lloyd
43
What is the POL from R vs Lloyd?
D removed films from a cinema to make illegal copies, however, he was not liable for theft as he gave them back
44
When may borrowing constitute theft?
When the property is not returned in the original condition and may have little value left - borrowing a season ticket and returning it near to the expiry date - borrowing a lunchbox, eating the food inside it and giving it back without the food
45
What is conditional intent?
If D intends to permanently deprive IF they find something worth stealing
46
What case outlines conditional intent?
R vs Easom
47
What is the POL from R vs Easom?
He picked up the bag looking for something to steal but as there was nothing of value, he didn't steal anything - that is conditional intent He wasn't convicted of theft as conditional intent is an insufficient MR for theft
48
What is the case surrounding returning similar property?
R vs Velumyl
48
What is the POL from R vs Velumyl?
Took £1050 out of his work's safe and intended to return it a couple of days later with physically different notes of the same value - this amounted to intention to permanently deprive as he didn't return the specific same notes
49
What act and section does dishonesty come from?
S.2 Theft Act 1968
50
What are the 3 examples that S.2(1) Theft Act 1968 gives for someone not acting dishonestly?
(a) - If D appropriates property in the belief that he has in law the right to deprive the other from it (b) - If he appropriates property in the belief that he would have the others consent (c) - If he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps
51
What is the case that supports S.2(1a)?
R vs Robinson
52
What is the POL from R vs Robinson?
S.2(1a) - If D appropriates property in the belief that he has in law the right to deprive the other from it Not theft as he took money that he honestly thought he was owed
53
What are the 2 cases outlining genuine belief and dishonesty?
R vs Small R vs Holden
54
What is the POL from R vs Small?
Took a car that was left for 2 weeks with the key in the ignition, but it was held that although the belief was unreasonable it was still genuine - D was not dishonest or convicted of theft
55
What is the POL from R vs Holden?
Took scrap tyres from his work but genuinely believed that other people had taken tyres with permission of the supervisor so as the belief was genuinely held his theft conviction was reversed
56
What was the old test for dishonesty?
GOSH test
57
What was the GOSH test?
A subjective and objective test
58
What case advised criminal law to abolish the GOSH test in its Obiter Dicta?
Ivey vs Genting Casinos
59
What is the obiter dicta from Ivey vs Genting Casinos?
There is no logical or principled basis for the meaning of dishonesty to differ according to whether it arises in civil or criminal action
60
What is the new test for dishonesty?
Whether D's conduct is dishonest by the standards of ordinary decent people Objective test only
61
What case confirmed and brought the Ivey vs Genting Casinos ruling into criminal law?
R vs Barton and Booth
62
What is the POL from R vs Barton and Booth?
The test is split into 2 parts: 1. Was the defendants conduct dishonest by the standards of ordinary decent people? 2. Can consider what the defendant thought or believed at the time, but it is mainly based on what ordinary people see as dishonest

Law Paper 1 - ELS + Criminal Law (22 decks)

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