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G153 Law > Theft > Flashcards

Theft Flashcards

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1
Q

What are the three offences against property?

A

theft
robbery
burglary

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2
Q

which Act of Parliament covers offences against property?

A

Theft Act 1968

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3
Q

In which year was the Theft Act implemented

A

1968

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4
Q

what is the definition of Theft

A 
dishonest
appropriation
of property 
belonging to another
with intention to permanently deprive
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5
Q

what is the actus reus of theft?

A

appropriation
of property
belonging to another

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6
Q

what is the mens rea of theft

A

dishonest appropriation
and
intention to permanently deprive

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7
Q

In which section of the Act is appropriation defined?

A

section 3

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8
Q

What is appropriation?

A

any assumption of the rights of an owner

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9
Q

give three examples of the rights of an owner

A
  • right to possess the item
  • right to sell the item
  • right to destroy the item
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10
Q

Give the facts of Pitham v Hehl

A

D sold furniture belonging to someone else

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11
Q

Give the decision of Pitham v Hehl

A

This was an appropriation

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12
Q

Give the reasoning for the decision in Pitham V Hehl

A

the offer to sell was an assumption of the right of the owner

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13
Q

Give the Facts of Morris

Give the decision

Give the reasoning

A

F: D swapped a price label in a supermarket

D: Conviction for theft upheld

R: He had assumed the right of the owner to put a price label on the goods

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14
Q

Can D be liable for theft even where he has consent?

A

Yes

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15
Q

Give the facts of Lawrence

Give the decision

A

V spoke little English so allowed his taxi driver to take the fare from his wallet D took too much

This was an appropriation

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16
Q

Give the facts of Gomez

A

D persuaded V to sell goods to an accomplice and accept payment in stolen, worthless cheques

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17
Q

Give the decision of Gomez

A

There was an appropriation despite the consent

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18
Q

Give the reasoning for Gomez

A

D must not do anything contrary to the owners wishes and there need not be any adverse interference with v

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19
Q

Give the facts of Atakpu and Abrahams

A

D’s hired cars in Germany and drove them to England where they were arrested for theft

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20
Q

Give the decision of Atakpu

A

They weren’t liable for theft

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21
Q

Give the reasoning of Atakpu

A

Appropriation is viewed as occurring at one point in time

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22
Q

Which section of the Act covers property?

A

Section 4

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23
Q

What does property include?

A

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

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24
Q

What is personal property?

A

Items such as books, cars and ipods

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25
Q

What did Kelly and Lindsay extend personal property to include?

A

Body parts

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26
Q

What did Smith extend personal property to include?

A

Prohibited drugs

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27
Q

What is real property?

A

Land or buildings

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28
Q

What does section 4 (1) say?

A

Land can be stolen

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29
Q

What does section 4 (2) say?

A

Land can only be stolen in three circumstances

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30
Q

What are the three circumstances in which land can be stolen

A
  • a trustee or personal representative takes land in breach of his duties
  • someone not in possession of the land severs anything forming part of the land from the land
  • a tenant takes a structure or fixture from the land let to him
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31
Q

What is a thing in action?

A

A personal property right which can be legally enforced

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32
Q

Give an example of a thing in action

A

A patent right

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33
Q

What is intangible property

A

Property which has no physical existence

34
Q

What did Chan Nai-Keung establish?

A

Export quotas are intangible property

35
Q

Give the facts of Oxford v Moss

A

D acquired proof of an exam paper he was due to sit

36
Q

Give the decision and reasoning of Oxford

A

D not liable, knowledge of the questions on an exam was held not to be property

37
Q

What does section 4 (3) state in relation to things that cannot be stolen?

A

People picking wild flowers on any land will not be liable unless it is for sale or reward

38
Q

What does section 4 (4) say in relation to things which cannot be stolen

A

Wild creatures cannot be stolen unless they are possessed or are in the process of being reduced into possession of someone else

39
Q

Where is belonging to another defined?

A

S5 Theft Act

40
Q

What does section 5 TA say?

A

Property belongs to a person who is in possession or control of it or has proprietary interest in it

41
Q

Give the facts of turner

A

D left his car at a garage for repairs and when the repairs were nearly finished took the car back without parting

42
Q

Give the decision in Turner

A

The garage was in possession of the car

43
Q

Who normally has possession and control of the property?

A

The owner

44
Q

Give the facts of Woodman

A

A company sold all its scrap metal, some was left behind and D stole it

45
Q

Give the decision of woodman?

A

D was liable because the original company was still in possession of the items

46
Q

Give the facts of Ricketts

A

D took bags from outside a charity shop and from the bin behind it

47
Q

Give the decision and reasoning of Ricketts

A

Until the items were taken in by the charity the items were still considered property of the owner + the goods in the bin were still the property of the charity shop

48
Q

Define a proprietary interest

A

Where D owns property and is in possession of it he can still be guilty of stealing it if another person has a proprietary interest in it

49
Q

Give the facts of Webster

A

D was an army sergeant who was awarded a medal but was accidentally sent 2, he sold the other

50
Q

Give the decision and reasoning of Webster

A

D was liable because the ministry of defence trained a proprietary interest in the medal

51
Q

Define property received under obligation

A

Where V gives D property with the instruction to do something specific with it

52
Q

Give the facts of Hall

A

D was a travel agent who received deposits from clients he didn’t use to buy their tickets

53
Q

Give the decision and reasoning of hall

A

On appeal the conviction was quashed because when D received the deposits he was not under obligation to deal with them in a particular way

54
Q

Give the facts of Davidge v Bunnet

A

D was given money by flat mates to pay for a gas bill but didn’t

55
Q

Give the decision and reasoning of Davidge

A

It was theft because there was a legal obligation to deal with the money in a particular way

56
Q

Give the facts of Attorney Generals Reference

A

D was overpaid and didn’t repay it

57
Q

Give the decision of Attorney Generals Reference

A

The court of appeal said D should have been guilty

58
Q

Give the reasoning of Attorney Generals Reference

A

Where D is overpaid they have an “obligation to make restoration” and if there was a dishonest intention not to make restoration then all the elements of theft were present

59
Q

Define legal obligation

A

There must be a legal obligation to restore the property. In some situations there is no legal obligation to restore money

60
Q

Give the facts of Gilks

A

D bet on a horse race and was overpaid by the bookmaker

61
Q

Give the decision and reasoning of theft

A

Not guilty of theft because betting transactions are not enforceable at law

62
Q

What are the two elements that set out the mens rea of Theft

A

Dishonesty

Intention to permanently deprive

63
Q

Which sections of the Act set out the mens rea of Theft?

A

Section 2

And

Section 6

64
Q

Which section of the Act gives three scenarios where an appropriation is not considered dishonest

A

S2

65
Q

Give the three scenarios that are not dishonest according to s2

A
  • where D has the right in law to deprive the other of the property
  • if D would have V’s consent if they knew of the appropriation
  • the person to whom the property belongs cannot be reasonably discovered
66
Q

Give another scenario where D is not dishonest

A

Where D has a mistaken or unreasonable belief in any of the above

67
Q

What does Ghosh set out?

A

The test for dishonesty

68
Q

Is the Ghosh test subjective or objective?

A

Both

69
Q

What is the test for dishonesty according to Ghosh?

A
  • was what was done dishonest according to the ordinary standards of reasonable and honest people?
  • Did D realise that what he was doing was dishonest by these standards?
70
Q

Which case replaced Ghosh?

A

Ivey

71
Q

What did Ivey eliminate?

A

The second limb of the Ghosh test

72
Q

Give the significance of Velumyl

A

If the bank notes aren’t the same ones you took then you have permanently deprived the owner even if you replace them

73
Q

Give the facts of Lavender

A

D took doors from a council property which was being repaired and used them to replace damaged doors in his girlfriends council flat

74
Q

Give the decision and reasoning of Lavender

A

The doors were still in the possession of the council but had been transferred without permission from one council property to another. Because D intended to treat the doors as his own he was guilty

75
Q

What does S6 of Theft Act state

A

Borrowing is not a theft unless it is for an unreasonable amount of time

76
Q

Give the facts of Lloyd

A

D got a film reel lended to him from a projectionist to make an illegal copy, D returned it after

77
Q

Give the decision and reasoning of Lloyd

A

Conviction for theft quashed because the proportional value of the reel had not been changed

78
Q

Define proportion of value

A

The court seemingly will only find theft if the “goodness, virtue or, practical value has gone from the item”

79
Q

What is conditional intent?

A

Where D would steal something if there was something worth stealing

80
Q

What do Easom and Husseyn say

A

Conditional intent is not sufficient for theft

G153 Law (24 decks)

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