theft 2

Question 1

Define the theft act sections, what offence it is and how long the sentence is (opening paragraph)

Answer 1

s.1 of theft act provides definition
‘Dishonest appropriation of property belonging to another with intention to permanently deprive the other of it’
- Trible either way offence
- 7 years
s.2-6 provides complete or partial definitions of the elements of the acts

Question 2

what are the AR sections of theft

Answer 2

apropriation
propety
belonging to another

Question 3

what are the MR elements of theft

Answer 3

dishonesty

intention to permanently deprive

Question 4

List all of the case included in appropriation

Answer 4

Lawrence 
Moris 
Gomez 
pitham v hehl 
aptku v abrihams

Question 5

Describe the case of lawrence

Answer 5

Taxi driver took too much of the forgin mans money even though he consented to him taking the correct amount

A person can appropriate propety where the owner consents to it

Question 6

describe the case of Morris

Answer 6

D switched the labels on shop items before paying incorrect money

appropriation can be any of the rights of the owner

Question 7

Describe the case of gomez

Answer 7

D decieved the shop owner to take £18000 in cheque
but they were fake
held: Gomez illustrates that even where consent appears to have been given, the courts look at the dishonesty of the act.

Question 8

Describe the case of apku v abrihams

Answer 8

D’s stole a car in germany and were convicted when got to the UK
theft failed because appropriation occurred at one point in time in Germany not in england
Appropriation can occur at one point in time

Question 9

Describe all the cases for property

Answer 9

Kelly v Lindsey
Oxford v Moss
Attorney G ref hong kong

Question 10

List what is included in property in terms of what is and isn’t

Answer 10

Is included: Money, personal propety, things in action.
-You can pick wild foods but not for the purpose of comercial
-copy right, quotas etc are things in action
Is not included: Wild animals/ flowers, electricity
-Human bodies

Question 11

Describe the case of Kelly v Lindey

Answer 11

Stole body parts for a friends art exhinition

held: Body parts are only to be used for dissection, skill and teaching purposes

Question 12

Describe oxford v Moss

Answer 12

A university student seeing a proof copy of an exam paper was not guilty of theft because the exam paper was information and ‘information’ cannot be stolen. Note: The student ‘saw’ the paper he did not physically remove the paper
General propety

Question 13

What is the 3 circumstances in whic land can be stolen

Answer 13

• being dishonest as a trustee
• not in posession of the land and serves something from it
• appropriates a fixture. structure to let with the land

Question 14

what is belonging to another

Answer 14

whereby the person has posession or control/ having a right or propitiatory interest

Question 15

what are the cases for belonging to another

Answer 15

r v turner 
r v woodman 
r v small
R v hall 
attorney g ref

Question 16

Describe the case of R v Turner

Answer 16

D’s car was being repaired at a garage and on return found the car with the keys in and took it.
He appropriated property belonging to another because the car was in possession of the garage
General rule of belonging to another

Question 17

Describe the case of R v woodman

Answer 17

D took scrap metal from a scrap yard

A person has possession of any articles or property on his land even if he is not aware that that property exists

Question 18

describe the case of R v small

Answer 18

D saw a car for two weeks parked on a corner of a road, with the doors unlocked and keys in the ignition. The petrol tank was empty and the windscreen wipers did not work. D thought it was abandoned property and so he could take it.
Ownerless propety- Jury were directed to use the gosh test

Question 19

Describe the case of R v Hall

Answer 19

D was given holiday deposit money and no instructions so he left it in travel agent deposit box
where the defendant is given propety with no reguards to deal with in a particular way is not theft

Propety recieved for particular purpose

Question 20

Decsirbe attorney G ref

Answer 20

POL woman overpaid and was required to give it back

Propety recieved by mistake