Theft

Question 1

Hinks 2000

Answer 1

Appropriate gift?
Any assumption of any rights of owner even if consented
‘have reduced the AR to vanishing point’
Hobhouse: ‘treat otherwise lawful conduct as criminal merely because it is open to [moral] disapprobation would be contrary to principle’

Question 2

Lawrence 1972

Answer 2

Taxi driver

Consent - irrelevant

Question 3

Morris 1984

Answer 3

Switched labels - assumption of any right

[Supermarket cases - Lane v Roskill]

Question 4

Gomez 1993

Answer 4

Accept cheques knew were stolen
o Stolen goods pass to D with consent of owner – is there appropriation – YES
o Does it necessarily need to involve an element of adverse interference? – NO

Question 5

Gallasso 1993

Answer 5

POST GOMEZ
Open account in V’s name - facilitate stealing
Not Assumed V’s rights
[Ignore Gomez]

Question 6

Mazo 1997

Answer 6

POST GOMEZ
Maid - gifts appropriated?
Old lady - no competence to make gifts + D must have realised

Question 7

Pitham and Hehl 1977

Answer 7

APPROPRIATION AND CONTROL
Offered V’s goods for sale
Any right + no need to literally take

Question 8

Navvabi 1986

Answer 8

THINGS? - BANK ACCOUNTS
No money in accounts - cheques
No appropriation of bank’s money

Question 9

Oxford v Moss 1978

Answer 9

PROPERTY
Examination paper - put it back
Confidential information - not property

Question 10

Smith, Plummer and Haines 2011

Answer 10

PROPERTY

Drugs - theft of stolen property still theft

Question 11

Turner No 2 1971

Answer 11

BELONGING TO ANOTHER
Able to steal own property - legal control of someone else
Car

Question 12

Ricketts v Basildon Magistrates’ Court 2010

Answer 12

BELONGING TO ANOTHER
Oxfam - bins owned
Items not abandoned

Question 13

Feely 1973

Answer 13

MR - DISHONESTY
Borrowed from till - intention to replace
Contemporary standards

Question 14

Ghosh 1982

Answer 14

MR - DISHONESTY
Objective: D’s actions dishonest according to standards of reasonable person
Subjective: D realise that reasonable and honest people would regard what he did as dishonest?

Question 15

Lloyd 1985

Answer 15

MR - PERMANENTLY DEPRIVE
Smuggle films - copy
Borrowing not same as taking

Question 16

Duru 1973

Answer 16

MR - PERMANENTLY DEPRIVE
Granted mortgages
Money will come back + did not go to him but to solicitor
Regardless - conduct enables someone else to obtain control or possession of it

Question 17

Raphael 2008

Answer 17

MR - PERMANENTLY DEPRIVE

Ransoming

Question 18

Vinall 2011

Answer 18

MR - PERMANENTLY DEPRIVE

Abandoning cycle - ‘treating [the property] as one’s own to dispose of regardless of the other’s rights’.

Question 19

Theft Act 1968

Answer 19

1(1): Dishonestly + Appropriates + Property belonging to another + intention of permanently depriving
2(1): legal right, would consent, cannot discover
3(1): Assumption of rights