Theft

Question 1

Actus reus of theft

Answer 1

Appropriation of property belonging to another

Question 2

Describe theft

Answer 2

S1 Theft Act

• Dishonest appropriation of property belonging to another
• Intention to permanently deprive
• Dishonesty judged in accordance with the Ghost test

Question 3

Describe Appropriation

Answer 3

S3(1) Theft Act 
- assumption of the owners rights 
Assuming 1 single right is enough 
- Taking, using, selling or damaging 
- Possible even with owners consent 
Gomez

Question 4

Mens Rea of theft

Answer 4

Intention to permanently deprive

Question 5

Define ‘intention to permanently deprive’

Answer 5

• mens Rea element
• s6 Theft Act
• Intention to treat the thing as his own
• To dispose of regardless of others rights
• Borrowing can also amount to theft
  Lloyd

Question 6

Describe ‘belonging to another’

Answer 6

Actus reus element
S5 Theft Act
- Belonging to any person having possession or control of it
Having any proprietary right or interest in it
- Possible to steal own property from someone who has a lesser right in the ownership
Turner

Question 7

What does s2(1) Theft Act state?

Answer 7

3 situations which are not regarded as dishonest:

• where the D believes he has the right in law to take the property
• D believes V would have consented
• Where the person to whom the property belongs to cannot be discovered by taking reasonable steps

Question 8

Meaning of property

Answer 8

S4 Theft Act

• Money and all other property
• Both real and personal
• includes things in action and all other tangible property

Question 9

Ghosh test

Answer 9

• Defines dishonesty
  Developed by the courts
  2 part test:
• was what the D did dishonest according to the standards of a reasonable and honest person
• did the D realise what he was doing was dishonest by this’d standards.

Question 10

Rules on using property in a particular way

Answer 10

Theft under s1 Theft Act
S5(3) - obligation to use property (money) in a particular way. If not used in that way, appropriation takes place (Hall)
A need for Dishonesty (Ghosh)
A need for there to be intention to permanently deprive

Question 11

An owner has the right to:

Answer 11

• use the property
• alter it in a fundamental or minor ways
• damage/ destroy it
• dispose of it temporarily by lending
• arrange to sell or give away
• abandon

Question 12

Property which D gets by mistake

Answer 12

S5(4) Theft Act

• if D gets property by another’s mistake
• under an obligation to make restoration of the property or proceeds or of the value thereof
• property belongs to the other person who is entitled to restoration
• not necessary to consider if mistake was fundamental
• present legal obligation
• operates with overpayments of change, excessive wage and salary payments