Theft

Question 1

What act is theft defined under?

Answer 1

Theft Act 1968 (amended in 78)

Question 2

What section defines theft?

Answer 2

s1

Question 3

What is the definition of theft?

Answer 3

Dishonestly appropriating property belonging to another with intention to permanently deprive

Question 4

What are the section numbers for each element of theft?

Answer 4

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

Question 5

What is appropriation?

Answer 5

Assuming any of the rights of the owner

Question 6

Are the rights of the owner defined?

Answer 6

No

Question 7

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

Answer 7

Morris and clarified in Gomez

Question 8

What can appropriation include?

Answer 8

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

Question 9

Can appropriation occur after a possession has been taken?

Answer 9

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

Question 10

Obtaining possession legally case?

Answer 10

Pilgrim v Rice Smith

Question 11

Case where defendant is not in possession of property?

Answer 11

Pitham and Hehlv

Question 12

Case where owner consents to actions of the defendant?

Answer 12

Lawrence

Question 13

What is the definition of a gift under civil law?

Answer 13

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

Question 14

What case decided gifts were not appropriation?

Answer 14

Mazo

Question 15

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

Answer 15

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

Question 16

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

Answer 16

Atakpu and Abrahams

Question 17

In what cases can land be stolen?

Answer 17

Removing topsoil, trees, plants, greenhouses

knocking down a wall and stealing the bricks (Cleckheaton)

Question 18

What case stated knowledge cannot be stolen?

Answer 18

Oxford v Moss

Question 19

In what situation can wild animals be stolen?

Answer 19

If they are reduced into possession

Question 20

Can wild plants be stolen?

Answer 20

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

Question 21

Can D steal from joint business?

Answer 21

Only if they have proprietary interest

Question 22

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

Answer 22

Both people

Doesnt have to be the owner

Question 23

What case highlighted proprietary interest?

Answer 23

Webster

Question 24

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

Answer 24

Rostron and Collinson

Question 25

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

Answer 25

Turner

Question 26

Can abandoned goods be stolen?

Answer 26

No, the owner is indifferent to them

Question 27

What section is appropriation and gifts?

Answer 27

s3.2

Question 28

What section is property received for a particular purpose?

Answer 28

s5.3

Question 29

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?

Answer 29

Davidge and Bunnett

Question 30

What case shows that misappropriation is theft?

Answer 30

R v Cullen

Question 31

What section is property obtained by anothers mistake?

Answer 31

s5.4

Question 32

What is the law on gaining by mistake?

Answer 32

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

Question 33

Case that shows D gaining by mistake?

Answer 33

Gilks

Question 34

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

Answer 34

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

Question 35

Is there a definition of dishonestly in the act?

Answer 35

No

Question 36

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

Answer 36

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

Question 37

What case demonstrates section 2.1c

Answer 37

Small

Question 38

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

Answer 38

Holden

Question 39

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

Answer 39

Yes

Question 40

What is the first stage of the Ghosh test?

Answer 40

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)

Question 41

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

Answer 41

Did D realise they had been dishonest by those standards | If the answer is yes then dishonesty can be established

Question 42

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

Answer 42

Velumyl

Question 43

In what situation can borrowing equate to ITPD?

Answer 43

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

Question 44

What section shows a situation of a borrower? | And how could a borrower have ITPD?

Answer 44

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

Question 45

What section covers pawning? | What does it state?

Answer 45

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

Question 46

Why was Lloyd not convicted of theft for borrowing?

Answer 46

He only had intention to temporarily deprive