Theft

Question 1

R v Morris

Answer 1

The right of the owner to change/decide the price

Question 2

Lawrence v MPC

Answer 2

Even if the victim consents, there can still be an appropriation

Question 3

R v Gomez

Answer 3

Appropriation happens at one moment in time - the moment D assumes right of the owner

Question 4

R v Hinks

Answer 4

Even accepting a valid gift can sometimes amount to an appropriation

Question 5

R v Putnam and Hehl

Answer 5

Assuming the right of the owner to offer the property for sale

Question 6

Section 4(1) Property includes

Answer 6

Money - coins and notes 
Real - land 
Personal - must be tangible can touch 
Things in action - debt/bank money
Intangible - copyrights (patents)

Question 7

Real property can be stolen in three ways

Answer 7

Someone who severs anything considered part of the land from the land or

A tenner take a fixture or structure from the land let to him or

Someone lethally entrusted to look after the land abuses this pose

Question 8

A corpse or body parts are not property

Unless the acquire value

Answer 8

R v Kelly and Lindsay

Question 9

Bodily fluids do amount to property

Blood, saliva, semen, urine

Answer 9

R v Welsh

Question 10

Information cannot be stolen

Answer 10

Oxford v Moss

Question 11

Section 5(1) belonging to another means

Answer 11

Having possession of control of the property

Question 12

The other person (garage) was in possession and had control over the object (car)

Answer 12

R v Turner

Question 13

Rickets v Basildon Magistrates

Answer 13

Bags in the bin belonged to Oxfam

The original owner had a propriety interest until his intent was fulfilled

Question 14

S5(3)

Answer 14

If D receives property and is under legal obligation to use it in a particular way, that property will still be treated as belonging to the giver

Question 15

Davidge v Burnett

Answer 15

If there is a legal obligation to deal with property in a particular way then it still ‘belongs to another’

Question 16

S5(4)

Answer 16

If D receives property by mistake and is under a legal obligation to return it, that property will still be treated as belonging to the party who made the mistake

Question 17

If D receives property by mistake and is under a legal obligation to return it, that property will still be treated as belonging to the party who made the mistake

Answer 17

Att. Gen (No 1 of 1983)

Question 18

S2(1)(a)

Answer 18

D is not dishonest if he believes he has a legal right to deprive the other of property

Robinson

Question 19

S2(1)(b)

Answer 19

D is not dishonest if he believes the owner would be consented to the appropriation if they knew of it and it’s circumstances

Holden

Question 20

S2(1)(c)

Answer 20

D is not dishonest if he believes the owner can not be discovered by taking reasonable steps

Small