Theft Flashcards

1
Q

What does section 1 of the Theft Act state

A

To dishonestly appropriate property belonging to another with the intention of permanently depriving another of it.

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2
Q

What does section 3 say?

What does this include?

A

Assuming rights of ownership, this includes selling, keeping, lending and destroying.

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3
Q

What was the case where the D sold everything in their friends flat without their permission?

A

Pitman V Hehl

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4
Q

Must a thief assume all rights of the owner?

A

No

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5
Q

What happened in R v Morris?

A

D swapped the price labels on the product.

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6
Q

Can you appropriate property with the consent of the victim?

A

Yes

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7
Q

What happened in Skipp?

A

D stole 3 lorries full of oranges, the appropriation happened when he went off route.

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8
Q

What happened in Lawrence?

A

Taxi driver took too much money off Italian student for taxi fare.

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9
Q

What happened in Gomez?

A

D gave a shop faulty cheques for £17,000 worth of goods

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10
Q

What are the conflicts between civil and criminal law in associating to gifts?

A

Gifts are legally past through civil law, however in Hinks the D manipulated an old man into giving her £80,000. In criminal law this is illegal as she took advantage of him, however the gifts has already been past.

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11
Q

What year was the Theft Act created

A

Theft Act 1968

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12
Q

Is appropriation a continuing process or an one off occurrence? Which case illustrates this?

A

Theft is usually a one off occurrence. The case is Atakpu

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13
Q

S4 (1) says which property can be stole?

A

Money, real property, personal property, things in action, intangible property

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14
Q

Property does not include information which case illustrates this?

A

Oxford V Moss

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15
Q

What does S4(2) say?

A

Land cannot be stolen unless: the D is in a position of trust or stolen by someone not in possession of it

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16
Q

What does S4(3) and S4(4) say? HINT: plants

A

S4(3) says that you can’t steal wild plants unless you intend to sell them for commercial purposes
S4(4) says wild animals cannot be stolen unless they’ve been tamed

17
Q

Human body parts cannot be stolen which case illustrates this?

A

Kelly & Lyndsay- D stole body parts that belonged it the Royal College of Surgeons, they were being used for teaching proposes

18
Q

S5 states what?

A

Property belonging to another

19
Q

What happened in Woodman?

A

A piece of scrap metal was left on a site. D took this piece of metal, however this still belonged to the company

20
Q

Can you be liable for stealing your own property?

A

Yes. The case of Turner where the D stole his car from a garage without paying for it

21
Q

Which two cases illustrate abandoned property?

A

Collision and R V Basildon Mags Court

22
Q

What does S5(3) say?

A

Receiving property for a particular purpose

23
Q

List the 3 cases for receiving property for a purpose and give a brief fact on each case

A

Hall (travel agent who stole money)

Davidge V Bunnett (didn’t pay for the gas bill)

Wain (spend money raised from Telefon)

24
Q

S5(4) says what?

A

Receiving property by mistake

25
What are the two cases for receiving money by mistake?
Gilks and A-G reference no1 1983
26
What does S2 say?
Dishonesty
27
What are the two stages of the Ghosh test?
1. ) Was the D dishonest according to the reasonable and honest on the street 2. ) Did D realise a reasonable person think it dishonest
28
What does the Robin Hood law say? S1(2)
You can still be guilty of theft even if your stealing isn't for financial gain
29
Can you still be guilty for stealing property if you replace the good for same amount of money? S2(2).
Yes
30
What is S2(1)a? | And what is the case?
Honest belief in legal right? Case- Robinson
31
What is S2(1)b
Honest belief in consent
32
What is S2(1)c? | And what is the case?
Honest belief the owner cannot be found Case- Adrian Small
33
What is section 6?
Intention to permanently deprive
34
What happened in Lavender?
The D swapped the doors of his council flat
35
Is it a crime to return property with all its good and virtue gone? What are the cases?
Yes Bagshaw (taking gas cylinders) Lloyd (D made illegal copy of film)
36
Can you return similar property? | What is the case?
No Case- Velumyl (D took £1000 from till at work intending to return it, had to return same notes to be not guilty)
37
When does a person have conditional intent?
If they intend to steal if certain circumstances are satisfied. Case- Easom