Theft Ch8 Y2

Question 1

What is the defintion of theft, and the act and section that contains it?

Answer 1

Dishonestly Appropriate property belonging to another with the intention to permanently deprive the other of it.

S1 of the Theft Act 1968

Question 2

In which sections of the act are the definitions of each part of theft defined?

Answer 2

S2 - Dishonestly
S3 - Appropriate
S4 - Property
S5 - Belonging to another
S6 - Intention to permanently deprive

Question 3

What is the definition of an Appropriation and which subsection contains it?

Answer 3

S3(1) states that an appropriation is “Any assumption of the rights of the owner”

Question 4

What does R v Vinall illustrate?

Answer 4

That at least 1 right of the owner must be appropriated

Question 5

What does R v Morris illustrate?

Answer 5

That not all of the rights of the owner must be appropriated

Question 6

What does R v Pitham and Hehl illustrate?

Answer 6

That an offer to sell is a right of the owner, and therefor can be an appropriation

Question 7

What does Lawrence V Met Police illustrate?

Answer 7

An appropriation takes place regardless of whether the owner consents

Question 8

What does R v Gomez illustrate?

Answer 8

Removal of goods from a shelf in a shop is an appropriation

Question 9

What does R v Hinks illustrate?

Answer 9

Recieving a gift is an appropriation

Question 10

What does R v Atakpu and Abrams illustrate?

Answer 10

An appropriation occurs the first time D assumes a right of the owner

Question 11

What does S3(1) state?

Answer 11

that there can be a later assumption of a right.

Question 12

What are the 5 types of property, and where are they defined

Answer 12

S4(1) lists:

1) Money
2) Real Property
3) Personal Property
4) Things in Action
5) Other Intangible Property

Question 13

What is the definition of Money?

Answer 13

Coins and notes of any currency

Question 14

What is the definition of Real Property?

Answer 14

Land, Buildings or anything which would have to be “severed” from the land or building

Question 15

What is the definition of Personal Property?

Answer 15

Any moveable object

Question 16

What is the definition of Things in Action?

Answer 16

Bank cards, accounts, and cheques

Question 17

What is the definition of other Intangible Property?

Answer 17

intellectual Property

Question 18

What things cannot be stolen?

Answer 18

Confidential Info

“Things growing wild” unless grown, or harvested for commercial purposes

Question 19

What does Oxford v Moss illustrate?

Answer 19

Confidential info can not be stolen

Question 20

What are the 2 ways in which property may belong to someone and in which section are they listed?

Answer 20

S5(1) states belonging to another to mean

a) possession or control
b) a proprietary interest

Question 21

What does R v Morris illustrate?

Answer 21

You can steal your own property.

Question 22

What does R v Woodman illustrate

Answer 22

You can be in possession of property without being aware of it

Question 23

What does Ricketts illustrate?

Answer 23

Goods left for someone are the property of the original owner until the new owner takes possession of it.

goods in a bin are the property of the original owner.

Question 24

What does R v Webster illustrate?

Answer 24

you can steal your own property if another person has a proprietary interest in it

Question 25

What does R v Hall illustrate?

Answer 25

deposits paid into a general bank account and there was therefore not an obligation to deal with the deposit in a particular way

Question 26

What does R v Klineberg and Marsden illustrate?

Answer 26

Deposits paid into a deposits account must be retained and dealt with in a particular way.

Question 27

What does Davidge V Bunnett illustrate?

Answer 27

There can be obligation to deal with property in a specific way in less formal situations.

Question 28

What does AG’s Reference 1 illustrate?

Answer 28

Property recieved by mistake must be returned when it is realised

Question 29

What does S1(2) state?

Answer 29

It is immaterial whether the appropriation was made with a view to gain, or for the theifs own benefit.

Question 30

what are the 3 ways in which behaviour is not considered dishonest, and which subsections are they listed in

Answer 30

D is not dishonest if he had a belief, regardless of if it is reasonable or correct that

S2(1)(A): He has a right in law to deprive the other of it

S2(1)(B): the owner would have consented if they knew of the appropriation.

S2(1)(C) the owner cannot be found by taking reasonable steps.

Question 31

Name the Three cases that illustrate each of the three ways behaviour can be not considered dishonest.

Answer 31

R v Small: right in law to deprive the other of it

R v Holden: other would have consented

R v Robinson: owner cannot be found by taking reasonable steps.

Question 32

What does S2(2) state?

Answer 32

an appropriation may be dishonest not withstanding that he is willing to pay for the property.

Question 33

what is the ivey test?

Answer 33

What was the defendants actual knowledge? (ie. did he think it was dishonest)

Would his behaviour be considered dishonest in the eyes of an ordinary, standard decent person?

Question 34

What does R v Velumyl illustrate?

Answer 34

taking money, intending to replace it later is still intention to permanently deprive as it would not be the exact same coins and notes.

Question 35

What is the definition of Intention to Permanently Deprive mean?

Answer 35

intention to treat the thing as his own to dispose of

Question 36

What does r v Lavender illustrate?

Answer 36

that the dictionary definition of “dispose of” is to stringent and that it should mean to deal with the thing as his own

Question 37

what does S6 state in reference to borrowing?

Answer 37

It is not intention to permanently deprive unless its for a period, and in circumstances eqivalent to an outright taking or disposal.

Question 38

What does R v Lloyd illustrate?

Answer 38

it is intention to permanently deprive if the thing is borrowed and then kept until the goodness, the virtue and the practical value has gone.