Theft Answer Format (AO1)

Question 1

What of the question should be checked at the start?

Answer 1

If it is focused on mens rea or/and actus reus

Question 2

What three points should be made in the intro?

Answer 2

-State that it is a statutory offence (S1 theft act 1968)
-Define theft
-It is a triable either way that covers many situations
(Make reference to the quote/wording of the actual question)

Question 3

What are the 3 elements of actus reus to include in AO1?

Answer 3

Appropriation
Property
Belonging to another

Question 4

What are the 2 elements of mens rea to be included in the AO1?

Answer 4

Dishonesty
Intention to permanently deprive

Question 5

What 4 points should be made under the Appropriation AO1?

Answer 5

-Assuming rights of the owner
-Can be an appropriation even if V consented to it (Lawrence)
-Can be appropriation even without deception (Hinks)
-Not a continuing act (Atakpu and Abrahams)

Question 6

What 2 points should be made under the Property AO1?

Answer 6

-Covers almost everything: Money, personal property, real property, things in action and other intangible things (Oxford and Moss)
-Some exception of property that cannot be stolen s4(3) and s4(4)

Question 7

What 3 points should be made under the Belonging to Another AO1?

Answer 7

-Basic Meaning = in ownership, possession or control of another (Webster, Turner, Ricketts)
-S5(3) exception where money is given for a particular purpose (Davidge and Bunnett)
-s5(4) exception where property is obtained by mistake (AG Ref (1985))

Question 8

What 2 points should be made under the mens rea

Answer 8

-No definition is Act (Holden)(Small)
-Ghosh test created for jury to test dishonesty (Ghosh)(Ivery)

Question 9

No definition is act… which 3 situations will the D not be dishonest in?

Answer 9

1. D honestly believed they had a legal right to the property
2. D believed owner would have consented (Holden)
3. D honestly believed owner could not be traced after taking reasonable steps (small)
   -REMEMBER GHOSH REASONABLE PERSON TEST

Question 10

What 3 points should be made under the intent to permanently deprive AO1?

Answer 10

-Must be intent to take forever (Velumyl)
-Borrowing does not normally amount to intent to permanently deprive unless value of property has significantly deprived on return to owner (Lloyd)
-Conditional intent is insufficient (Easom)