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Law A2 > Theft > Flashcards

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
Q

What are the two cases for receiving money by mistake?

A

Gilks and A-G reference no1 1983

26
Q

What does S2 say?

A

Dishonesty

27
Q

What are the two stages of the Ghosh test?

A
  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
Q

What does the Robin Hood law say? S1(2)

A

You can still be guilty of theft even if your stealing isn’t for financial gain

29
Q

Can you still be guilty for stealing property if you replace the good for same amount of money? S2(2).

A

Yes

30
Q

What is S2(1)a?

And what is the case?

A

Honest belief in legal right?

Case- Robinson

31
Q

What is S2(1)b

A

Honest belief in consent

32
Q

What is S2(1)c?

And what is the case?

A

Honest belief the owner cannot be found

Case- Adrian Small

33
Q

What is section 6?

A

Intention to permanently deprive

34
Q

What happened in Lavender?

A

The D swapped the doors of his council flat

35
Q

Is it a crime to return property with all its good and virtue gone?
What are the cases?

A

Yes
Bagshaw (taking gas cylinders)
Lloyd (D made illegal copy of film)

36
Q

Can you return similar property?

What is the case?

A

No

Case- Velumyl (D took £1000 from till at work intending to return it, had to return same notes to be not guilty)

37
Q

When does a person have conditional intent?

A

If they intend to steal if certain circumstances are satisfied.

Case- Easom

Law A2 (6 decks)

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