Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > Theft > Flashcards

Theft Flashcards

You may prefer our related Brainscape-certified flashcards:
MPRE flashcards MBE flashcards Civil Procedure 1L flashcards
1
Q

Where is theft defined

A

S.1 of the theft act 1968

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Definition of theft

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

S2 theft act element

A

Dishonestly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

S3 theft act element

A

Appropriates

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

S4 theft act element

A

Property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

S5 theft act element

A

Belonging to another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

S6 theft act element

A

With intention to permanently deprive the other of it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does section 3 define appropriation as

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Morris

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

GOMEZ

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Gomez

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

Hinks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Hinks

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

When does the appropriation occur according to Gomez

A

As soon as on or the owners rights is assumed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does section 4(1) state that property includes

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does money mean

A

Coins and banknotes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is real property the legal term for

A

Land and buildings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

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

A
  • d severs something from the land

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What does personal property cover

A

All moveable items

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

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

A

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

23
Q

When are wild creatures property under s4(4)

A

If they have been tamed or ordinarily kept in captivity

24
Q

What is a thing in action

A

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

25
Q

What does other intangible property refer to

A

Property that doesn’t exist in a physical sense

26
Q

What does section 5(1)

A

Belonging to another

27
Q

When shall property be regarded as belonging to another

A

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

28
Q

Who normally has possession or control of property

A

The legal owner but others can have possession/control

29
Q

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

A

No

30
Q

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

A

One thief may steal from another thief

31
Q

When is it possible to steal your own property and case

A

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

TURNER

32
Q

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

A

WOODMAN

33
Q

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

A

Yes- AG REF NO 1

34
Q

When does property not belong to another

A

When it has been abandoned

35
Q

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

A

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

36
Q

What is the definition of dishonesty

A

There is no definition of dishonest in theft act

37
Q

When can d be dishonest under section 1(2)

A

Even if he appropriates the property without a view to gain

38
Q

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

A

Even if he is willing to pay for the property

39
Q

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

A

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

40
Q

Negative definition of dishonesty s2(1)(b)

A

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

41
Q

Negative definition dishonesty s2(1)c

A

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

42
Q

Small

A

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

43
Q

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

A

The test for dishonestly from the case of ghosh

44
Q

Ghosh

A
  • 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
45
Q

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

A

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

46
Q

Vellumyl

A

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

47
Q

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

A

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

48
Q

DPP V LAVENDER

A

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

49
Q

why is borrowing property not normally theft

A

d does not have the intention to permanently deprive

50
Q

when can borrowing property amount to theft under s6 and authority

A

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

51
Q

LLOYD

A

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

52
Q

what is a conditional intention to permanently deprive

A

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

53
Q

case relating to conditional intention to permanently deprive

A

EASOM

54
Q

principle in easom

A

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

Law (39 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions