Theft

Question 1

Definition of the offence of theft in the TA 1968

Answer 1

A person is guilty of theft if he dishonestly appropriates the property belonging to another with the intention of permanently depriving the other of it

Question 2

Appropriation - S3(1)

Answer 2

Any assumption of the rights or an owner

Question 3

R v Morris

Answer 3

• Need only be 1 right
• Relabeling of products was an appropriation
• Low threshold

Question 4

R v Gomez

Answer 4

Property can be appropriated even with the owner’s consent (electrical goods store)

Question 5

R v Hinks

Answer 5

• An appropriation can occur despite consent

- Just because legal title has passed under civil law dose not mean that there cannot be an appropriation

Question 6

R v Hale

Answer 6

• An appropriation is a continuing act

Question 7

S3(2) - Where someone purchases goods in goof faith but they turn out to be stolen, there is no offence

Answer 7

R v Adams - Purchased stolen goods

Question 8

Oxford v Moss

Answer 8

Cannot steal confidential infromation

Question 9

William v Phillips

Answer 9

• The courts do not regard property as readily abandoned

- Property in dustbin was not held to be abandoned

Question 10

R v Woodman

Answer 10

Scrap metal on land was property of land owner as had taken steps to exclude trespassers through notice in a sign so they were in control of the land

• Does not matter that there is no knowledge that the property is on the land
• Application: r v woodman shows that an intention to exercise control over the land is a low requirement. However contrast with Parker v BAB, where no intention to control land exercised.

Question 11

Parker v British Airways Board

Answer 11

There must be evidence of implied or express control of the land for the land owner to claim rights to the property found on the land

Question 12

Turner (no.2)

Answer 12

• You can steal your own property if it is in the possession and control of another

Question 13

Davidge v BUnnett

Answer 13

Money taken from flatmate to pa the gas bill was judged to be taken for a purpose so there was a legal obligation to adhere to the purpose

Question 14

R v Hall

Answer 14

Money was taken by an estate agent for the estate agency in general, whilst customers thought it was for the booking of flights.
Court held that Hall was under no obligation to deal with the property in a certain way as the property had been mixed for the general benefit of the estate agents, not for a specific purpose

Question 15

R v Klineberg Marsden

Answer 15

Assurances given that property was to be put in a trust. This was not done, and it was held there was a legal obligation to do so, so the property still belonged to another, in adherence to S5(3)

Question 16

R v Wain

Answer 16

Raised money for a charity in a telethom, but kept money for himself. The money belonged to another under S5(3)

Question 17

Property obtained by another’s mistake may still be in the possession of the original party

Answer 17

S5(4)

Question 18

Moynes v Cooper

Answer 18

Just because civil title passes it does not mean that the property belongs to the holder in criminal law. If property is transferred by mistake the property may still belong to another for the purposes of criminal law

Question 19

AG Reference (No 1 of 1983)

Answer 19

Defendant is under an obligation to restore money received by mistake

Question 20

S2(1) TA 1968

Answer 20

Defines what is not dishonest;

• If the D believes they have a legal right
• If the D believes the owner would have consented
• If the owner cannot be discovered through the taking of reasonable steps

Question 21

R v Robinson

Answer 21

The belief in a S2(1) justification does not have to be reasonable, it only has to be geunine

Question 22

R v Ghosh

Answer 22

1. Was the act according to the ordinary standards of reasonable and honest people dishonest
2. Did the defendant himself realise that what he was doing was by those
   standards dishonest?

Question 23

S2(2)

Answer 23

Willingness to pay does not mean the act is not dishonest

Question 24

Lawrence v DPP

Answer 24

Payment for service does not mean the act is not dishonest (Italian student v taxi)

Question 25

R v Lloyd

Answer 25

Intention to permanently deprive should be given its ordinary meaning
- Ransom is an ITPD as the return is conditional

Question 26

S6(1)

Answer 26

• ITPD found where property disposed of

Question 27

R v Cahill

Answer 27

Dispose defined as; To deal with definitely, to get rid of, to get done with, to make over by way of sale
- Defendants picked up pile of newspapers

Question 28

DPP v J

Answer 28

Snapped boys headphones

This was disposing of the proeprty so was an ITPD

Question 29

R v Raphael

Answer 29

Took cars by force and then tried to sell them back. No this was an ITPD as effectively a ransom

Question 30

R v Fernandes

Answer 30

If the D deals with property but takes a risk as to whether he will be able to return it, then this will be ITPD

Question 31

R v Lloyd

Answer 31

Borrowing will not amount to theft unless the property is returned in a state which makes it useless

Question 32

S6(2)

Answer 32

Borrowing property with a condition of a return that the party will not be able to fulfill is equivalent to ITPD

Question 33

R v Velumyl

Answer 33

Could not fulfill condition of borrowing, so was a theft

Question 34

S5(4)

Answer 34

Where a mistake is made and there is an intention not to restore the property this will be ITPD

Question 35

Professor Ormerod

Answer 35

Just because someone stops looking for an item does not necessarily mean it is abandoned. E.g. A wedding ring

Question 36

Hibbert v McKiernan

Answer 36

Golf balls hit into a lake were not abandoned

Question 37

R v Holden

Answer 37

Subjective belief in honesty of appropriation of tyres on basis that everyone else did it was sufficient for this NOT to be dishonesty.
- Dishonesty is entirely subjective