Theft cases

Question 1

Lawrence v Metropolitan Police Commissioner

Answer 1

• [1972]
• Taxi driver took advantage of a customer who wasn’t from the UK and charged £7 rather than the 50p value of the drive.
• The victim’s agreement was void for fraud, even though the victim handed over the money

Question 2

R v Morris

Answer 2

• [1984]
• Defendant moved some price tags to pay lower for the price and got the cashier to accept the lower price.
• Agreement was voided for fraud

Question 3

DPP v Gomez

Answer 3

• [1993]
• Accepted checks he knew were stolen, held to be an appropriation of the property given away, misrepresentation

Question 4

R v Hinks

Answer 4

• [2001]
• Took advantage and trust of a vulnerable man to extract gifts from the man she was taking care of.
• Valid transfer of title, but was still an act of appropriation

Question 5

R v Smith, Plummer and Haines

Answer 5

• [2011]
• controlled drugs that are possessed unlawfully are still stealable property!

Question 6

Marshall

Answer 6

• [1998]
• Defendant resold used London underground tickets.
• Held the papers themselves were still property

Question 7

Sharpe

Answer 7

• (1857)
• Human corpses and body parts are not property unless acquired uses such as dissection and medical education

Question 8

Oxford v Moss

Answer 8

• (1979)
• Information is not property therefore cannot be stolen

Question 9

R v Freely

Answer 9

• [1973]
• Was the defendant dishonest according to the current standards of ordinary decent people?
• The appellant was the manager in a betting shop. He borrowed £30 from the till and maintained that he intended to replace it within a few days.

Question 10

R v Ghosh

Answer 10

• [1983]
• Was the defendant dishonest according the the standards of reasonable and honest people?
  AND did the defendant realise that they were dishonest by those standards?
• a locum consultant at a hospital who falsely claimed to have carried out a surgical operation in order to claim money when in fact that operation had been carried out by someone else under the National Health Service

Question 11

Ivey v Genting Casinos

Answer 11

• [2017]
• What was the defendant’s knowledge and understanding of the relevant facts?
  From this perspective, was the defendant dishonest by the standard of ordinary decent people?

Question 12

Kelly

Answer 12

• [1999]
• Artist stealing body parts used for education.
• Human body parts can be stolen under these circumstances as its acquired different attributes

Question 13

Williams v Phillips

Answer 13

• (1957)
• Taking rubbish