***Theft Act 1968***

Question 1

Define Section 1 of The Theft Act 1968

Answer 1

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

Question 2

Define Section 8 of The Theft Act 1968

Answer 2

A person is guilty of robbery if he steals and at the time of doing so, or immediately before doing so, and in order to do so, uses force on any person or puts or seeks to put any person of being then and there subject to force

Question 3

3 defences to ‘dishonestly’

Answer 3

1) Right in law
2) Thought the owner would agree to the appropriation if they knew the circumstances
3) Taken all reasonable steps to find the owner

Willingness to pay ‘can’ be a defence, but not always

Question 4

R v Ghosh was the old test for ‘dishonestly’. What new piece of case law replaced this?

Answer 4

Ivey v Genting Casinos (UK) Ltd 2017

Note: The new test puts the decision to the Jury. They will decide what an ordinary + honest person would deem to be dishonest and whether the act in question was therefore dishonest

Question 5

What is meant by ‘appropriates’?

Answer 5

Any assumption to the rights of the property

Note: an owner has the right to use, give away, sell, destroy etc property so person appropriating the property assumes these rights to it

Question 6

What is ‘property’ in the Theft Act 1968?

Answer 6

Examples of property include both tangible and intangible items, money, real, wild animals reduced into captivity

Tangible = Phones, laptops, pens etc
Intangible = Trademarks, patents etc

For wild animals reduced into captivity, this can include animals in a zoo but can also be animals that have been caught in traps. Could also be dead animals that a hunter had killed. Also domestic cats, dogs etc

Question 7

What are the 4 F’s for ‘Things growing wild’?

Answer 7

Flowers, fruit, foliage and fungi.

Note: The above won’t count as property UNLESS the person picks them for sale, reward or a commercial purpose

Question 8

3 ways property can ‘belong to another’. What are they?

Answer 8

Proprietary interest, possession and control.

“Property is regarded as belonging to any person having possession or control over it, or having it in any propriety right or interest”