THEFT

Question 1

define theft from the TA 1968 s1

Answer 1

‘dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it’

Question 2

where is appropriation defined

Answer 2

s3, with s 3(1) saying that ‘any assumption of the RIGHTS OF THE OWNER amounts to appropriation’.

Question 3

what does the rights of the owner include and what does this mean to appropriation

Answer 3

selling the property, destroying it, consuming it, possessing it, using it, lending it, hiring it out etc. so there must be an assumption of this for there to be theft (Vinall 20110

Question 4

is selling property that isn’t yours an appropriation

Answer 4

yes, r v pitham and hehl 1977

Question 5

does there have to be an assumption of all the owners rights for there to be theft

Answer 5

no Morris 1983

Question 6

is it still appropriation when there is consent or gifts

Answer 6

yes (Lawrence 1972, Hinks 2000)

Question 7

Is removing goods of a shelf in a supermarket appropriation

Answer 7

yes gomez 1993

Question 8

when is appropriation viewed as occurring

Answer 8

at one specific time ( atakpu 1994)

Question 9

What does s 4 (1) define as property

Answer 9

Property includes money and all other property real or personal including things in action and other intangible property

Question 10

What are the five types of property

Answer 10

Money
Real property
Personal property
Things in action
Other intangible property

Question 11

What is personal property

Answer 11

Moveable items, can even be hair (Herbert 1961), blood (Rothery 1976), and urine (welsh 1974) and even body parts (Kelly and Lindsay 1998)

Question 12

What is real property

Answer 12

S 4 (1) land can be stolen if something on the land is severed to be stolen 4 (2)

Question 13

What are things in action

Answer 13

A right which can be enforced by another by an action in law ie bank account

Question 14

What is intangible property

Answer 14

Rights that have no physical presence but can be stolen ie electricity. Confidential info CANNOT be stolen Oxford 1979

Question 15

Give some examples of things which cannot be stolen

Answer 15

4(3) 4(4): plants (growing wild) etc but theft if sold commercially not including charity.

Question 16

What is belonging to another

Answer 16

S5(1) someone in possession or control

Question 17

Can you be in posession and control of property without realising

Answer 17

Yes Woodman 1974

Question 18

Can you be guilty of stealing you own things

Answer 18

Yes turner 1971

Question 19

When goods are left who is the owner

Answer 19

The original owner before the new one collects it (ricketts 2010)

Question 20

What is proprietary interest

Answer 20

When someone owns a bit of the property. So you can be guilty of theft by being in posession and control of someone else has PI (Webster 2006)

Question 21

What does section 5 of TA 1968 say about being guilty of theft if the property doesn’t belong to another

Answer 21

You can be guilty if it’s:
A trustee property where a trustee can steal it
Property received under obligation
Property received by another’s mistake

Question 22

If you receive property under an obligation what should you do with it

Answer 22

Deal with it how you’re obligated to Klineburg and marsden 1999

Question 23

What if there is no clear obligation to deal with property in a certain way

Answer 23

Then you don’t have to and therefore NG Hall 1972

Question 24

Can there be an obligation to deal with property in less formal situations

Answer 24

Yes bunnett 1984

Question 25

Are you guilty of theft is property is given to you by mistake

Answer 25

If there’s no special provision then it cannot be property belonging to another Attorney gens ref 1985

Question 26

Does there need to be a legal obligation to restore property

Answer 26

Yes Gilks 1972

Question 27

What does section 1(2) say about being dishonest

Answer 27

It is immaterial whether the appropriation is made with a view to gain or for the thief’s own benefit

Question 28

What does section 2(1) say about behaviour that is not dishonest

Answer 28

(A): if he or she believes they have a right in law to deprive the other of it (Holden 1991)/(Robinson 1977)
(B): if they knew they would have the others consent if they knew of the appropriation
(C): the person who the property belongs to cannot be discovered by taking reasonable steps

Question 29

What is an unreasonable belief

Answer 29

Small 1987 can be unreasonable but as long as the D genuinely believes it then NG

Question 30

Does being willing to pay make you NG

Answer 30

No 2(2) ‘a persons appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay’

Question 31

What does the Ghosh 1982 test say

Answer 31

1. ) was what was done dishonest by stds of reasonable and honest people
2. ) did the D appreciate what was dishonest by these standards

Question 32

What are some issues with the ghosh test

Answer 32

Ivey and genting 2017 ‘ghosh doesn’t correctly represent the law….no requirement that the D must appreciate what he has done is dishonest’ (if D doesn’t realise what the standards are then NG

Gohill 2007: judges and mags can’t agree on standards of dishonesty

Question 33

Can someone have the intention to permanently deprive if the D intends to replace the stolen money/ item

Answer 33

No velumyl 1989 as original notes taken

Question 34

What does Lavender 1994 say about intent to perimanelty deprive

Answer 34

That dispose of is too narrow and can include dealing with property as his own

Question 35

Is borrowing or lending intent to perm deprive

Answer 35

No unless ‘the goodness, virtue, the practical value has gone from it’ (Lloyd 1985)

Question 36

What is conditional intent

Answer 36

Looking through a bag to see if anything is worth stealing and then not taking anything isn’t intent to perm deprive Easom 1971