Theft

Question 1

Lawrence v MPC (1972)

Answer 1

Taxi driver overcharged for journey, and when customer offered the driver his wallet to take the fare the driver took too much. Held: appropriation can occur where there is consent.

Question 2

R v Gomez (1993)

Answer 2

Decided that Morris was bad law, appropriation can take place where there is consent.

Question 3

R v Mazo (1996)

Answer 3

Elderly lady employed housekeeper, who persuaded the old lady to make gifts to her totalling about £37,000, held that there was no crime.

Question 4

R v Kendrick and Hopkins (1997)

Answer 4

Managers of a nursing home given gifts by residents, overruled Mazo and held that there was theft.

Question 5

R v Hinks (2000)

Answer 5

Woman befriended man of low IQ, persuaded him to give her money totalling his whole life savings, followed Kendrick and Hopkins and held that there was theft.

Question 6

Subritsky (1990)

Answer 6

Problem with appropriation - theft by keeping/omission. Mother took daughter shopping, daughter took child’s pushchair, mother took it home, the next day it was in a very poor state. The court held there was appropriation, mentioned the law on conversion (taking someone’s property and using it as your own)

Question 7

Oxford v Moss

Answer 7

Information cannot be property. Exam paper was stolen before exam.

Question 8

Kohn (2001)

Answer 8

Right to withdraw a credit balance is property and can also be a thing in action

Question 9

Turner (No 2) (1971)

Answer 9

Owner of car removed the car from a garage without paying for the repairs, theft even though he was the lawful owner, it was in the possession of another at the time.

Question 10

Velumyl (1989)

Answer 10

Worker took money from boss’s safe intending to repay the money, convicted of theft as he would not have repaid the exact notes.

Question 11

Easom (1971)

Answer 11

Conditional intent, D picked up handbag in cinema and looked through it, found nothing to steal and replaced it, could not be convicted of theft.

Question 12

DPP v Lavender (1994)

Answer 12

D removed doors from council property to fix his girlfriend’s council flat, he disposed of the property contrary to the owner’s wishes, it was theft.

Question 13

Lloyd (1985)

Answer 13

Two film reels were taken from a cinema to be shown privately before they were returned, no diminished value, no theft.

Question 14

Beecham (1851)

Answer 14

Railway tickets were taken and used before being returned, their value had gone, so it was theft.

Question 15

Ghosh (1982)

Answer 15

Test for dishonesty - was what was done dishonest by the standards of reasonable and ordinary people? Did D realise he was being dishonest by those standards?

Question 16

Morris (1984)

Answer 16

Any act of appropriation is enough, including touching, destroying, giving something to another, selling it/offering it for sale.
Label swapping in a supermarket, argument that supermarkets are inviting customers to take their products, held: appropriation requires an act by way of adverse interference with an owner’s rights.