THEFT CASES

Question 1

Monaghan

Answer 1

s3 (1) appropriates - guilty even though when she was arrested, she hadn’t taken the money

Question 2

Pitham & Hehel

Answer 2

s3 (1) appropriates - by offering to sell they had assumed the rights of the owner and so had appropriated the furniture

Question 3

Morris

Answer 3

s3 (1) appropriates - it was stated that assuming any rights of the owner would be appropriation, the thief does not have to assume all the rights

Question 4

Lawrence

Answer 4

An appropriation can take place even if the owner has consented, if there is deception

taxi driver falsely indicated how long the journey was - took extra £6

Question 5

Gomez

Answer 5

An appropriation can take place even if the owner has consented if there is deception = dishonesty

G said the cheques were ‘as good as cash’

Question 6

Hinks

Answer 6

Confirms that there can be an appropriation even when the owner consents to the taking even if that consent has been obtained without deception as long as there is evidence that D is dishonest

Question 8

Kelly V Lindsay

Answer 8

s4 (1) property - personal property = body parts

Question 9

Oxford V Moss

Answer 9

Confidential information has been held not to be property and so cannot be stolen - trade secrets cannot be stolen

Question 10

Turner

Answer 10

s5 (1) belonging to another - this can mean that it is possible in certain circumstances for a person to be convicted of stealing his own property, if others have rights over it.

Question 11

Woodman

Answer 11

It is possible for someone to be in possession or control of property even though they did not know it was there

If D believes property has been abandoned, then there is no theft as it does not belong to anyone

Question 12

AG’s Reference s5(4)

Answer 12

belonging to another - for future cases if D has been overpaid they should be guilty as the property still belonged to the true owner

Question 13

Davidge V Bennett

Answer 13

s5(3) belonging to another - where D has been given property by another to deal with in a special/particular way - guilty the true owner is still her flatmates D formed the MR when she decided to spend the money on Christmas presents

Question 14

Holden

Answer 14

s2(1)(a) - a person will not be regarded as dishonest if he appropriates property for himself or a third party, believing that he has a legal right to deprive the other of it

Question 15

Small

Answer 15

s2(1)(c) - a person will not be considered dishonest if he appropriates property belonging to another believing that the person whom it belongs cannot be discovered by taking reasonable steps

Question 16

Barton & Booth

Answer 16

current test of dishonesty -a jury must decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest

Question 17

QUOTE from Lloyd

Answer 17

‘The goodness, virtue, the practical value of the films to the owners has not gone out of the article…the borrowing, it seems to us was not for a period, or in such circumstances, as to make it equivalent to an outright taking or disposal’

Question 18

Vehumyl

Answer 18

Intending to return similar, or even identical property is not the same as returning the actual property and is theft