Theft actus reus

Question 1

What is the definition of theft?

Answer 1

“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive”

Question 2

What is appropriation?

Answer 2

Any assumption by a person of the rights of the owner. This includes where they have come across the property (innocently or not), and later assume the right to it by keeping/ dealing with it.

Question 3

what are the “rights of the owenr”

Answer 3

The right to posses, use, sell, lend, consume, destroy, hire out

Question 4

What is the case for appropriation

Answer 4

R v Vinall

Question 5

What is the case for appropriation and consent.

Answer 5

Lawrence v Metropolitan police

Question 6

What does section 4(1) define

Answer 6

Property:
money, real, personal, things in action, other intangible property

Question 7

What things cannot be stolen? S4(3)

Answer 7

-Mushrooms, fungi or fruit/flowers growing in the wild. UNLESS it is for sale/ commercial purposes

Question 8

what does Section 5(1) say?

Answer 8

“Property shall be regarded as belonging to any person having possession or control of it, or having it in any propriety right/interest.”

Question 9

What is the case for “belonging to another”?

Answer 9

R v Turner

Question 10

When can land/buildings be stolen?

Answer 10

If there’s a breach of a trustees powers, by severing part of the land, appropriating a fixture