Theft

Question 1

Where is theft defined?

Answer 1

In the theft act 1982

Question 2

What is the max sentence for theft?

Answer 2

7 years

Question 3

What is the definition is theft?

Answer 3

S.1 the dishonest appropriation of property belonging to another with the intention to permanently deprive.

Question 4

What does s.2 state

Answer 4

Dishonesty

Question 5

What does s.3 state?

Answer 5

Appropriation

Question 6

What does s.4 state?

Answer 6

Property

Question 7

What does s.5 state?

Answer 7

Belonging to another

Question 8

What does s.6 state?

Answer 8

Intention to permanently deprive

Question 9

What are the cases for appropriation?

Answer 9

Pitham v helm
R v Morris
R v Lawrence 
R v Gomez
R v Hinks

Question 10

Why are the cases for property

Answer 10

Velumyl
R v Kelley
Oxford v Moss
AG ref v chain nai

Question 11

What are the cases for belonging to another?

Answer 11

Turner 
Woodman
Webster
R c basis on mags court
Davidge v bennet

Question 12

What is the case for dishonesty

Answer 12

Ivey c Genting

Question 13

What is the case to permanently deprive?

Answer 13

Lloyd

Question 14

Pitham v Hehl

Answer 14

D sold furniture belonging to another. Held this was appropriation, the offer to sell was an assumption of the rights of the owner

Question 15

R v Morris

Answer 15

D switched price of labels on items and put lower price item in bag. Did not go though checkout.
Held it was the oweners rights to put a price on labelled goods had been assumed

Question 16

R v Lawrence

Answer 16

Italian student got in a taxi and journey should of cost him 50p. D reached into his wallet and took more money.
Held appropriation, did not matter wether he consented the consumes rights of the owner via fraud

Question 17

R v Gomez

Answer 17

D a shop assistant persuaded manager to accept payment of checks which he knew were stolen.
Held appropriation, there does not need to be an element of adverse interference by D

Question 18

R v Hinks

Answer 18

D befriended a naive man with low IQ. D accompanied him to withdraw money which was placed into her bank account.
Held despite property being a gift this can still be appropriation

Question 19

Velumyl

Answer 19

D a company director took money from company’s safe and claimed he intended to return it.
Held unless it was the exact notes this was intention to permanently deprive

Question 20

R v kelly

Answer 20

D an artist asked Lindsey to remove body parts from collage

Held body parts are propert if they have acquired different attributes by virtue of application of skill

Question 21

Oxford v Moss

Answer 21

D a student took exam paper with intention of returning paper having used the info gained to cheat on exam
Held confidential info on paper did not amount to intangible property

Question 22

AG ref for Hong Kong c chai nai

Answer 22

D sold export quotas to another company at reduced rate.
Held export quotas although not ‘things in action were a form of intangible property because they can be freely sold and bought

Question 23

Turner

Answer 23

D took his car to service station for repairs and took car without paying
Held liable as car regarded to service station as they were in possession and control of it

Question 24

Woodman

Answer 24

D took scrap metal from factory, occupiers put fence up by unaware of scrap metal
Held a person had possession of any property of land even if they are not aware property exists

Question 25

Webster

Answer 25

D an army sergeant awarded medal but recieved 2 and sold one on eBay.
Held guilty as ministry retained a proprietary intent in medal

Question 26

R v Basildon mags court

Answer 26

D took bags of donations outside charity shop and things from bus outside shop
Held bags in front of shop and in bins belonged to the shop

Question 27

Davidge v bennet

Answer 27

D recieved checks from flat mates to pay the gas bill. D spent money on Christmas presents
Held guilty as under obligation to apply money for bill

Question 28

Ivey v Genting

Answer 28

D a professional gambler could not recover winnings after allegedly cheating
Held just make certain the state of D’s knowledge or beliefs to facts must determine wether his conduct was dishonesty by applying objective standards

Question 29

Lloyd

Answer 29

D worked in cinema and took films out and returned them in time for viewing
Held d returned film in original state. The goodness or practical value of film go owner has gone