Theft

Question 1

Where is theft defined

Answer 1

S.1 of the theft act 1968

Question 2

Definition of theft

Answer 2

The dishonest appropriation of property belonging to another with the intention to permanently depriving the other of it

Question 3

S2 theft act element

Answer 3

Dishonestly

Question 4

S3 theft act element

Answer 4

Appropriates

Question 5

S4 theft act element

Answer 5

Property

Question 6

S5 theft act element

Answer 6

Belonging to another

Question 7

S6 theft act element

Answer 7

With intention to permanently deprive the other of it

Question 8

What does section 3 define appropriation as

Answer 8

Any assumption by a person of the rights of the owner-means d only had to assume one of owners rights

Question 9

Morris

Answer 9

House of Lords upheld conviction for theft as d had appropriated property as soon as he changed prices of bottles

Assuming one of owners rights- didn’t have to assume all owners rights

Question 10

When can property be appropriated even if it was acquired innocently- according to s3

Answer 10

If d later keeps it deals with it as if they were the owner

Question 11

Which case states that there can be an appropriation even if the owner of the property consented to d taking it

Answer 11

GOMEZ

Question 12

Gomez

Answer 12

House of Lords held that an appropriation can take place even where the owner consents and reinstated the conviction for theft

Question 13

Which case states that there can be an appropriation even if the owner of the property has made a legal gift to d

Answer 13

Hinks

Question 14

Hinks

Answer 14

H/L upheld conviction for theft as there was an appropriation

Didn’t matter that in civil law the gift was valid nor that there was no deception on Ds part

Question 15

When does the appropriation occur according to Gomez

Answer 15

As soon as on or the owners rights is assumed

Question 16

What does section 4(1) state that property includes

Answer 16

Money and all other property, real or personal, including things in action and other intangible property

Question 17

What does money mean

Answer 17

Coins and banknotes

Question 18

What is real property the legal term for

Answer 18

Land and buildings

Question 19

What two examples are provided under section 4(2) which state that land/buildings can be stolen if this occurs

Answer 19

• d severs something from the land

- d is a tenant and removes something which is considered a fixture/structure of the rented accommodation

Question 20

When is picking mushrooms, flowers, fruit or foliage growing wild on land theft of property

Answer 20

If it is taken for sale/reward or other commercial purpose s.4(3)

Question 21

What does personal property cover

Answer 21

All moveable items

Question 22

When can dead bodies be personal property under s4(1)

Answer 22

If they have been treated in some way: kelly and Lindsay

Question 23

When are wild creatures property under s4(4)

Answer 23

If they have been tamed or ordinarily kept in captivity

Question 24

What is a thing in action

Answer 24

A right which can be enforced against another person by a court action

Question 25

What does other intangible property refer to

Answer 25

Property that doesn’t exist in a physical sense

Question 26

What does section 5(1)

Answer 26

Belonging to another

Question 27

When shall property be regarded as belonging to another

Answer 27

Any person having possession or control of it, or having proprietary right of interest

Question 28

Who normally has possession or control of property

Answer 28

The legal owner but others can have possession/control

Question 29

Does the possession/control of the property have to be lawful

Answer 29

No

Question 30

What does it mean that possession/control of property doesn’t have to be lawful

Answer 30

One thief may steal from another thief

Question 31

When is it possible to steal your own property and case

Answer 31

If it is under someone else’s possession/control, or someone else has a proprietary interest in it TURNER

Question 32

Which case states that it is possible for someone to be in possession/control of property even though they don’t know it’s there

Answer 32

WOODMAN

Question 33

Does property still belong to another where D receives property by mistake and there is a legal obligation to give it back

Answer 33

Yes- AG REF NO 1

Question 34

When does property not belong to another

Answer 34

When it has been abandoned

Question 35

What does the prosecution have to show to prove the mens rea if theft

Answer 35

At the moment d appropriated property, he was acting dishonestly and had intention of permanently depriving other of it

Question 36

What is the definition of dishonesty

Answer 36

There is no definition of dishonest in theft act

Question 37

When can d be dishonest under section 1(2)

Answer 37

Even if he appropriates the property without a view to gain

Question 38

When may an appropriation be dishonest under section 2(2)

Answer 38

Even if he is willing to pay for the property

Question 39

S.2(1)(a)negative definition dishonesty

Answer 39

D appropriates property in belief that he has in law the right to deprive the other of it, on behalf of himself or a third person

Question 40

Negative definition of dishonesty s2(1)(b)

Answer 40

D appropriates property in belief he would have others consent if the other knew of the appropriation and circumstances of it

Question 41

Negative definition dishonesty s2(1)c

Answer 41

D appropriates property in belief that the person to whom property belongs cannot be discovered by taking reasonable steps

Question 42

Small

Answer 42

Ds belief of negative definitions of dishonesty onoy has to be genuine not reasonable

Question 43

What must be used for dishonesty if s2 doesn’t apply

Answer 43

The test for dishonestly from the case of ghosh

Question 44

Ghosh

Answer 44

- was ds act dishonest by ordinary standards of reasonable and honest people - did d realise his act would be regarded as dishonest by those standards

Question 45

What is the second mens tea offence that has to be be proved

Answer 45

At the moment d appropriates the property, he had the intention of permanently depriving the other of it

Question 46

Vellumyl

Answer 46

He had intention to permanently deprive the company of the actual banknotes which he had taken from the safe It didn’t matter he intended to replace them with other bank keys to same value

Question 47

where will d be regarded as having intention to permantly deprive under s6

Answer 47

where although he doesn't mean v to lose the property permanently, d has the intention to treat it as his own to dispose of regardless of the other's rights

Question 48

DPP V LAVENDER

Answer 48

his taking of the doors amounted to theft as he was intending to treat the doors as his own to deal with regardless of the council's rights

Question 49

why is borrowing property not normally theft

Answer 49

d does not have the intention to permanently deprive

Question 50

when can borrowing property amount to theft under s6 and authority

Answer 50

it can be where it is for a period of time and in circumstances making it equivalent to an outright taking or disposal LLOYD

Question 51

LLOYD

Answer 51

his intention was not to return the films in such a changed state that all their goodness, virtue or practical value was gone

Question 52

what is a conditional intention to permanently deprive

Answer 52

where d picks up and examines property intending to take it if it is worth stealing

Question 53

case relating to conditional intention to permanently deprive

Answer 53

EASOM

Question 54

principle in easom

Answer 54

even though he had conditional intent to permanently deprive, this was not sufficient for the crime of theft