Theft

Question 1

Where is theft defined and what is the definition?

Answer 1

S1(1) Theft Act 1968 - a person is guilty of theft is he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it

Question 2

What are the section numbers for each element of theft?

Answer 2

S2 - dishonestly
S3 - appropriates
S4 - property
S5 - belonging to another
S6 - intention to permanently deprive

Question 3

What does section 3(1) define appropriation as?

Answer 3

Any assumption by a person of the rights of an owner

Question 4

What does the case of R v Morris show?

Answer 4

It is enough to prove that D had assumed any one of the rights of an owner

Question 5

Which case shows that there can be appropriation even when the victim consents?

Answer 5

Lawrence v MPC

Question 6

What is the principle in R v Hinks?

Answer 6

Accepting a gift may sometimes amount to an appropriation

Question 7

What section states that there can be an appropriation where D comes across property innocently?

Answer 7

S3(1)

Question 8

How does S4(1) define property

Answer 8

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

Question 9

Land can’t be stolen unless…. (with section number)

Answer 9

S4(2)

• someone severs anything considered part of the land
• a tenant takes a fixture or structure from land let to him
• someone legally entrusted to look after land abuses their power

Question 10

Wild plants cannot be stolen unless…. (with section number)

Answer 10

S4(3) - unless picked for sale, reward or other commercial gain

Question 11

Wild animals cannot be stolen unless…. (with section number)

Answer 11

S4(4) - unless they’ve been tamed, are normally in captivity or have been reduced into someone’s possession

Question 12

What case shows that bodily fluids are property and can be stolen?

Answer 12

R v Welsh

Question 13

Which case shows that information/knowledge is not property? What is the contrasting case?

Answer 13

Oxford v Moss

In R v Akbar, D took the actual exam paper which counts as personal property and so can be stolen

Question 14

What is the section number and definition for belonging to another?

Answer 14

S5(1) - includes anyone with possession or control of the property or a proprietary right/interest in the property

Question 15

What does the case of R v Turner show?

Answer 15

The legal owner of property is capable of its theft if it is under the possession of someone else

Question 16

What is shown in S5(3) and what is the case for this?

Answer 16

If D receives property and is under a legal obligation to use it in a particular way, it will still be treated as belonging to another
Davidge v Burnett

Question 17

What is shown in S5(4) and what is the case for this?

Answer 17

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

Question 18

S2(1)(a) - Robinson

Answer 18

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

Question 19

S2(1)(b) - Holden

Answer 19

D is not dishonest if he believes the owner would have consented to the appropriation if they knew of it and its circumstances

Question 20

S2(1)(c) - Small

Answer 20

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

Question 21

What is the Ghosh test for dishonesty?

Answer 21

• D’s conduct would be considered dishonest by the ordinary standards of reasonable and honest people
• D was aware his conduct would be considered dishonest by the ordinary standards of reasonable and honest people

Question 22

How does S6(1) define an intention to permanently deprive?

Answer 22

Intending to treat the property as one’s own to dispose of, regardless of the owner’s rights

Question 23

What else does S6(1) state?

Answer 23

Borrowing can amount to an intent to permanently deprive if it is kept for such time and in such circumstances that it amounts to an outright taking

Question 24

Which case shows that even if the property remains under ownership of V, D can still treat the property as his own

Answer 24

DPP v Lavender

Question 25

Which case shows that D will not be guilty if he only had intention to temporarily deprive?

Answer 25

R v Warner

Question 26

What does the case of R v Velumyl show?

Answer 26

D can still be guilty even if he has the intention of replacing the items (as he has the IPD of that exact item)

Question 27

What does R v Lloyd show about borrowing items?

Answer 27

Borrowing can amount to an IPD if the ‘goodness, value and virtue’ has been removed

Question 28

What case shows that conditional intent will not be sufficient for theft?

Answer 28

R v Easom