Theft Act 1968

Question 1

Section 1

Answer 1

definition: dishonest app of p b2a with the IPD the other of it

Question 2

Section 3(1)

Answer 2

AR appropriation: straightforward outright taking/ the assumption of the rights of the owner

Question 3

Section 4(1)

Answer 3

AR property: can be tangible (personal p, money & real p; land) or intangible (things in action; cheques,debt. and patents)

Question 4

Section 4(3)

Answer 4

AR X property: mushrooms, flowers, foliage and wild fruits

Question 5

Section 4(4)

Answer 5

AR X property: wild animals unless captivity

Question 6

Section 5(1)

Answer 6

AR b2a: means the victim has possession/control of it

Question 7

Section 5(3)

Answer 7

IR AR b2a: if a person under obligation to retain and deal with the p (DvB, H)

Question 8

Section 5(4)

Answer 8

IR AR b2a: given something by mistake & keeping it. v has pi (W)

Question 9

Section 2

Answer 9

MR dishonest: test est IvGC

1) knowledge/belief of D as to the facts
2) D’s behaviour regarded as dishonest by the r, ordinary, decent person

Question 10

Section 2(1)(a)

Answer 10

MR X dishonest: honest belief, legal right to it (S)

Question 11

Section 2(1)(b)

Answer 11

MR X dishonest: honest belief, owner consent

Question 12

Section 2(1)(c)

Answer 12

MR X dishonest: honest belief that the owner cant be found by taking r steps

Question 13

Section 2(2)

Answer 13

MR dishonest: even if he was willing to pay for p at a later date

Question 14

Section 6(1)

Answer 14

MR IPD: means an i to dispose of/ treat as your own (DPPvL)

Question 15

Section 8

Answer 15

robbery def: “stealing, and immediately before or at the time of stealing, and in order to steal, using/threatening force”

Question 16

Section 9(1)(a)

Answer 16

burglary def 1: “the entry of a building/ part of building as a trespasser, with intent to steal/inflict GBH/ unlawful damage”

Question 17

Section 9(4)

Answer 17

AR, building requires permanence

Question 18

Section 9(1)(b)

Answer 18

burglary def 2: “when a person, having entered a building/ part of a building as a trespasser, commits/attempts to commit theft/GBH”