Theft

Question 1

Main Legislation for Theft

Answer 1

Theft Act 1968

Question 2

Theft

Answer 2

Dishonest appropriation of property belonging to another with the intention of permanently depriving the owner of it.
S1 Theft Act 1968

Question 3

Actus Reus of Theft:

Answer 3

• Appropriation
• Property
• Belonging to another

Question 4

Mens Rea of Theft:

Answer 4

• Dishonesty

- Intention to permanently deprive

Question 5

Appropriation

Answer 5

Assumption of the owners rights.
S3(1) Theft Act 1968
R v Morris

Question 6

Appropriation even if D is acting with owners consent:

Answer 6

Lawrence v MPC - Italian tourist and taxi fare

Question 7

Which case overruled R v Morris?

Answer 7

R v Gomez- No need for adverse interference

Question 8

Property:

Answer 8

Includes money and all other property, real or personal , including things in action and other intangible property.
S4(1) Theft Act 1968

Question 9

Key case for property:

Answer 9

Oxford v Morris

Confidential info cannot be stolen.

Question 10

Belonging to another:

Answer 10

Belonging to any person who has possession or control over it.

Question 11

Key case for Belonging to another:

Answer 11

R v Turner (No.2)

Question 12

Intention to permanently deprive:

Answer 12

D must intend to treat the thing as his own to dispose of. Regardless of owners rights.
S6(1) of Theft Act.

Question 13

Key case for ‘treating thing as his own’?

Answer 13

Rafael: Car taken by force, money offered in return.

Question 14

Key case for ‘disposing of’?

Answer 14

Cahill: Outright disposal.

Question 15

Dishonesty:

Answer 15

Theft Act contains no definition of dishonesty.

Question 16

3 exemptions to dishonesty in Theft Act 1968:

Answer 16

1. S2(1) (a): A genuine belief that he has legal right to property.
2. S2(1) (b): A genuine belief that owner would consent if they knew of appropriation and circumstances.
3. S2(1) (c): A genuine belief that owner cannot be discovered by taking reasonable steps.

Question 17

Willingness to pay does not make one exempt from dishonesty:

Answer 17

S2(2) Theft Act 1968

Question 18

Key case on Dishonesty:

Answer 18

R v Feely

Question 19

R v Feely:

Answer 19

• The word dishonesty is in everyday use so judges should not define it.
• Dishonesty is a state of mind, this is a question of fact to be decided by jury.
• Jury should do this applying:
  Standards of ordinary decent people.

Question 20

old R v Ghosh test for dishonesty:

Answer 20

• According to standards of reasonable and honest people, were Ds actions dishonest?
• (If yes) Did D himself realize that reasonable and honest people would regard his actions as dishonest.

Question 21

New test for dishonesty in what case?

Answer 21

Ivey v Genting Casino’s

Question 22

Ivey v Genting Casino’s dishonesty test:

Answer 22

Removes second limb of Ghosh test.

Question 23

R v Gomez

Answer 23

Appropriation on its own is a neutral act and adverse interference is no longer required.

Question 24

R v Morris

Answer 24

“Appropriation not an act expressly or impliedly authorized by the owner but an act by way of adverse interference, or usurpation of those rights”

Partially overruled in R v Gomez

Question 25

R v Turner (2)

Answer 25

D suspiciously removed car from garage without paying for repairs. Was charged with Theft.