Theft And Related Offences

Question 1

What is the test for Dishonesty?

Answer 1

Genuinely held belief

According to the objective standards of ordinary decent people

Question 2

Can you attempt low value shoplifting

Answer 2

Yes

Question 3

A person cannot be dishonest if they believe;

Answer 3

• belief in right in law
• belief consent and circumstances
• lost (belief in likelihood of finding an owner, no steps to establish ownership are required)

Question 4

What is appropriation?

Answer 4

Any assumption of the rights of the owner, includes later assumption

Question 5

What are the key issues with Approbation?

Answer 5

• taking; not necessary for properly to be taken to appropriate (also offenders doesn’t have to benefit.
• consent; the the tourist taxi fare (gave the wallet and the taxi driver took more)
• interfering with goods (swapping labels will amount to appropriation.
• more than once; property cannot be stolen again by the same thief.

Question 6

What if a person buys a car that is stolen

Answer 6

Provided they gave value for it; a residual to return the goods is not theft. This does not give them good title to it.

Gifts are not covered as they have not paid good value

Question 7

Property! What can and cannot be stolen

Answer 7

• wild fruit and mushrooms (unless you sell them)
• wild animals not tamed or keep in captivity
• appropriating anything under tenancy os theft
• abusing the position of trustees

Question 8

Property includes the following ;

Answer 8

• money
• personal property (things)
• things in action and intangible property (patents, shares, software, locality cards)
• cheques and credit balances
• can’t steal land (expect if a trustee dishonesty disposes of it)

Question 9

Is land property?

Answer 9

• a person not in possession of land can steal fixtures, plants, topsoil, or structures from it providing the sever it and then appropriate it
• a tenant can only steal fixtures and structures not soil or flowers

Question 10

Wild animals cannot be stolen unless;

Answer 10

• being reduced into possession (unless subsequently lost)
• kept in captivity

Question 11

What is not property?

Answer 11

• electricity
• human bodies
• confidential information.
• meals and petrol not payed for

Question 12

What is property

Answer 12

• body fluids
• bodies that have acquired different attributes

Question 13

What is belonging to another?

Answer 13

• any person who has possession, control or a propriety right or interest in said property
• including ‘thing in action’
• just needs to belong to someone ‘not anyone specific’