Theft

Question 1

Section 1 Theft Act 1968

Answer 1

Appropriates
Property
Belonging to another

Dishonestly
Intention to permanently deprive

Question 2

S3(1)

Answer 2

Appropriation is any assumption by a person of the rights of an owner

Question 3

Morris, Anderton

Answer 3

Only one right if the owner needs to be assumed

Question 4

Lawrence, Gomez

Answer 4

Consent is irrelevant if D acts dishonestly

Question 5

Hinks

Answer 5

Accepting a gift that is dishonestly induced is appropriation

Question 6

S4(1)

Answer 6

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

Question 7

Oxford v Moss

Answer 7

Information isn’t property but the tangible thing it is on could be e.g. Paper

Question 8

S5(1)

Answer 8

BTA if someone has possession, control of it or a proprietary right or interest over it

Question 9

S5(3) and Hall, Wain, Davidge v Bunnett

Answer 9

If someone receives property on behalf of another and has an obligation to deal with it in a certain way, it is regarded as BTA

Question 10

S5(4) and AG Ref (no1 of 1983)

Answer 10

Keeping something received by mistake is BTA

Question 11

Williams v Phillips, Woodman

Answer 11

Clear intention to abandon property means it no longer BTA

Question 12

Ghosh Test

Answer 12

1) Would D’s actions be regarded as dishonest by honest and reasonable people
2) Is D aware of the first part

Question 13

S2(1)(a)

Answer 13

Not dishonest if honest belief in law

Question 14

S2(1)(b)

Answer 14

Not dishonest if honestly believed owner would consent

Question 15

S2(1)(c)

Answer 15

Not dishonest if honest belief owner can’t be found by taking reasonable steps

Question 16

S(6)(1)

Answer 16

D doesn’t have to mean for V to permanently loose the property, just needs intention to treat the property as his own to dispose of regardless of the others rights

Question 17

S(6)(1) also says and Lloyd

Answer 17

Borrowing or lending property also amounts to such intention if it is an outright taking or disposal

Question 18

Marshal, Lavander

Answer 18

Court defines dispose as to deal with definitely

Question 19

Easom

Answer 19

If D has conditional intent then it’s not IPD