Theft

Question 1

D....
A....
P.....
B....
P.....

Answer 1

Dishonestly
Appropriates
Property
Belonging to another
Permanently deprive

Question 2

Dishonesty exceptions in statute
A)
B)
C)

Answer 2

A) Believes entitled to deal with the property
B) Believes the owner would consent
C) Belief that the property is abandoned

Does not need to be a reasonable belief

Question 3

Determining Dishonesty in Common Law

R v ….

A)
B)

Answer 3

R v Ghosh (1982)

A) was what the defendant did dishonest according to the standards of reasonable and honest people?

B) would the defendant realise the reasonable and honest person would regard what he did as dishonest?

Lord Lane CJ

Question 4

R v Ghosh (1982)

Answer 4

Defendant consultant had claimed fees for an operation he didn’t carry out

Led to the common law test of dishonesty

Question 5

Property

Real property;

Personal property;

Things in action;

Intangible property;

Answer 5

Real property- land and immovable things

Personal property- moveable

Things in action- stocks, shares, cheques, cash

Intangible property- patents and copyrights

Question 6

Cannot steal information

Case:

Answer 6

Oxford v Moss (1979)

- Copying exam question cannot be an attempt to permanently deprive

Question 7

Stealing of Body Parts

Answer 7

R v Welsh 1974
- gave urine sample to the police and then ran off with it. Theft

Yaerwoth v North Bristol NHS Trust (2009) discusses the ownership of sperm

Question 8

Belonging to another

R (Ricketts) v Basildon Magistrates Court

Answer 8

R (Ricketts) v Basildon Magistrates Court

• Clothes left outside charity shop
• Theft taking them

Question 9

Smith (Michael Andrew) (2011)

Answer 9

Can steal illegal goods

The defendant was convicted of stealing illegal drugs

Question 10

R v Turner (1971)

Answer 10

Can be convicted of stealing your own property

Drove his car away from the garage without paying
Convicted of theft

Question 11

R v Wain

Answer 11

Collected money on behalf of charity in his own bank account

Treated as trustee and therefore under a legal obligation to use the money for the proper purpose

Question 12

Mistake

Attorney Generals Reference (No1 1983)

Answer 12

A police officer was overpaid her salary

Didn’t pay it back, theft

Lord Lane - MR only starts when the person realises this is a mistake

Question 13

R v Shadeikh Cigari (1988)

Answer 13

• Bank wrongly transferred thousands of pounds
• Defendant spent the money
• Theft

Question 14

Abandoned property

R v Small (Adrian)

Answer 14

Took a car which he believed was abandoned because keys had been left in it for over a week

Not guilty as he had a genuine belief it was abandoned

Question 15

Permanent deprivation

R v Lavender (1994)

Answer 15

R v Lavender (1994)

Movement of victims car was theft

Question 16

R v Mitchell (2008)

Answer 16

Moved the car

Left hazard warning lights on

No intention to permanently deprive

Question 17

R v Velumyl (1989)

Answer 17

Stealing from his employers safe

Did not intent to replace with the exact coins and notes

Therefore intention to permanently deprive

Question 18

Which Act is relevant to theft?

Answer 18

Theft Act 1968 s1