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Law > Theft > Flashcards

Theft Flashcards

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1
Q

What act is theft defined under?

A

Theft Act 1968 (amended in 78)

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2
Q

What section defines theft?

A

s1

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3
Q

What is the definition of theft?

A

Dishonestly appropriating property belonging to another with intention to permanently deprive

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4
Q

What are the section numbers for each element of theft?

A 
s2- dishonest
s3- appropriation
s4-property
s5- belonging to another
s6- intention to permanently deprive
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5
Q

What is appropriation?

A

Assuming any of the rights of the owner

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6
Q

Are the rights of the owner defined?

A

No

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7
Q

What cases said that you only have to assume one of the rights of the owner?

A

Morris and clarified in Gomez

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8
Q

What can appropriation include?

A

Taking, selling, destroying, touching, hiring out, consuming

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9
Q

Can appropriation occur after a possession has been taken?

A

Yes eg offering to sell someone a book that you have borrowed from someone else

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10
Q

Obtaining possession legally case?

A

Pilgrim v Rice Smith

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11
Q

Case where defendant is not in possession of property?

A

Pitham and Hehlv

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12
Q

Case where owner consents to actions of the defendant?

A

Lawrence

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13
Q

What is the definition of a gift under civil law?

A

donor was mentally competant, the donee has absolute title in the property

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14
Q

What case decided gifts were not appropriation?

A

Mazo

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15
Q

What case did not follow the rule that gifts are not appropriation?

A

Hinks- Ordinary people would consider 60’000 and a tv dishonest
Donor was mentally incapable

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16
Q

What case confirmed Gomez that appropriation is not a continuing act?

A

Atakpu and Abrahams

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17
Q

In what cases can land be stolen?

A

Removing topsoil, trees, plants, greenhouses

knocking down a wall and stealing the bricks (Cleckheaton)

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18
Q

What case stated knowledge cannot be stolen?

A

Oxford v Moss

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19
Q

In what situation can wild animals be stolen?

A

If they are reduced into possession

20
Q

Can wild plants be stolen?

A

Only if its taken for commercial use eg selling on the market

21
Q

Can D steal from joint business?

A

Only if they have proprietary interest

22
Q

If the owner lends property to another and it gets stolen, who is it stolen from?

A

Both people

Doesnt have to be the owner

23
Q

What case highlighted proprietary interest?

A

Webster

24
Q

Which case states that items lost are still the property of the loser?

A

Rostron and Collinson

25
Q

What case states that an owner can be liable of stealing their own goods?

A

Turner

26
Q

Can abandoned goods be stolen?

A

No, the owner is indifferent to them

27
Q

What section is appropriation and gifts?

A

s3.2

28
Q

What section is property received for a particular purpose?

A

s5.3

29
Q

Which case shows D is liable of theft if they are under an obligation to deal with the property in a particular way which they did not do?

A

Davidge and Bunnett

30
Q

What case shows that misappropriation is theft?

A

R v Cullen

31
Q

What section is property obtained by anothers mistake?

A

s5.4

32
Q

What is the law on gaining by mistake?

A

Those who gain by mistake are under an obligation to make restoration

33
Q

Case that shows D gaining by mistake?

A

Gilks

34
Q

Why was there not a theft in the case of Edward v Ddin?

A

AR and MR must coincide. Property must belong to the other when D decides to dishonestly appropriate.
Property had passed and was irretrievable and therefore it did not belong to another

35
Q

Is there a definition of dishonestly in the act?

A

No

36
Q

What are the 3 situations D has not been dishonest and section numbers?

A

s2. 1a)if he believes he has a legal right to appropriate property (doesn’t have to be reasonable)
s2. 1b)believes he has the owners consent (can be unreasonable)
s2. 1c)taken all reasonable steps to find the owner unless D does not think it would be possible to find the owner

37
Q

What case demonstrates section 2.1c

A

Small

38
Q

What case confirmed that belief for s2.1a and s2.1b does not have to be reasonable

A

Holden

39
Q

Can you be dishonest even if you are willing to pay for the property you take?

A

Yes

40
Q

What is the first stage of the Ghosh test?

A

If D has been dishonest by the standards of reasonable and honest people
(if the answer is no then there is no dishonesty therefore no theft)

41
Q

If the first stage of the Ghosh test is fulfilled, what is the next question to fulfil?

A

Did D realise they had been dishonest by those standards

If the answer is yes then dishonesty can be established

42
Q

What case states that if a person borrows money intending to later repay that there is definitely an ITPD?

A

Velumyl

43
Q

In what situation can borrowing equate to ITPD?

A

If its returned in such a changed state that all of its goodness and virtue are gone

44
Q

What section shows a situation of a borrower?

And how could a borrower have ITPD?

A

s.6.1- if they borrow it for a period that may equate to outright taking eg borrowing a monthly bus pass

45
Q

What section covers pawning?

What does it state?

A

s6.2- if you pawn without permission ITPD even if you intended to pay back the money and retrieve the goods

46
Q

Why was Lloyd not convicted of theft for borrowing?

A

He only had intention to temporarily deprive

Law (14 decks)

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