Theft and Other Offences

Question 1

Theft

Answer 1

Theft Act 1968 S.1 -
AR: Appropriation of property belonging to another (s.3-5)
MR: Dishonesty (s.2+ Ivey test) and intention to permanently deprive (s.6)

Question 2

Fraud by False Representation

Answer 2

Fraud Act 2006 S.2 -
AR: making a representation which is false.
MR: dishonesty, intend to gain for self or another or cause loss or risk of loss, knows that the representation is or might be untrue.
Only use section 2 of the theft act to talk about theft and dishonesty. Do not use it for fraud by false representation and making off without payment.

Question 3

Making off Without Payment

Answer 3

AR: goods must be supplied/service provided. D must make off from the spot where payment was required and without paying as required or expected to pay.
MR: dishonesty, knowledge that payment was required, and intention to avoid payment.

Question 4

Ivey Test

Answer 4

1) What was D’s knowledge/belief as to the facts (subjective).
2) Was D dishonest by the standards of ordinary and decent people (objective).

Question 5

Appropriation

Answer 5

Appropriation can literally be as simple as picking something belonging to another up. The case of DPP v Gomez is the authority for this. Although this would not be dishonest appropriation, but none the less, it is still appropriation. Appropriation can still happen even when you have the owner of the property’s consent.

Question 6

Oxford v Moss

Answer 6

Confidential information does count as property.

Question 7

Turner No.2

Answer 7

You can be guilty of theft for stealing your own property if that property at that point belonged to someone else under loan e.g. lean.

Question 8

R v Wain

Answer 8

You can be guilty of theft if you acquire property but do not do what you said you intended to do with the property. E.g. the property was given to you on conditions of you doing something with that property.

Question 9

Gomez

Answer 9

There can be appropriation even if the owner consents/if the property has been given as a valid gift.

Question 10

Atakpu

Answer 10

Once a person has stolen property, he cannot commit theft in respect of that property again.

Question 11

R v Brooks /R v McDavitt

Answer 11

Making off without payment occurs (in part) when leaving the till or building.

Question 12

R v Allen

Answer 12

You are not guilty of making off without payment if you did not have the intention to permanently avoid payment.