Theft & Fraud

Question 1

Theft and Fraud (different offences)

Answer 1

Theft (s. 1(1) Theft Act 1968)
Fraud (s. 2 Fraud Act 2006)
Making off without payment (s.3(1) Theft Act)

Question 2

Theft (s.1(1) Theft Act 1968)

[7 years]

Answer 2

AR:
Appropriation
of property
belonging to another

MR:
Dishonesty
intention to deprive

Question 3

‘Appropriation’ is an assumption of the rights of an owner

- including where person acquires property without stealing but then later assumes rights of owner

Answer 3

s. 3(1) TA 1968

Question 4

Consent of owner is irrelevant as to appropriation

Answer 4

DPP v Gomez

Question 5

Not appropriation if you purchase the goods for value, acting in good faith

Answer 5

s. 3(2) TA 1968

Question 6

Appropriation must involve some contact with property

Answer 6

R v Briggs

Question 7

Appropriation can be of a valid gift of property

Answer 7

R v Hinks

Question 8

Cannot steal property more than once BUT appropriation can be continuous

Answer 8

R v Atakpu

Question 9

‘Property’ includes:

Answer 9

Money, real property, personal property, wild plants, wild animas if tamed/ordinarily kept in captivity
IP, bank accounts, overdrafts
NOT
confidential info or electricity

Question 10

‘Property’ will belong to another (even if it is your own) if:

R v Turner (No. 2)

Answer 10

• they have possession/control of or proprietary interest in property

NOT when:

• it did not belong to another at the time
• it is abandoned

Question 11

s. 2(1) TA 1968

Answer 11

D is NOT dishonest if he believes:

• he had legal right to deprive other
• other would have consented
• or other could not be reasonably found
• willingness to pay for property is not automatic defence

Question 12

Ivey v Genting Casinos

new test for dishonesty, replacing Ghosh

Answer 12

Fact-finding tribunal must ascertain (subjectively) actual state of individuals knowledge or belief as to facts

determine whether conduct was honest by (objective) standards of ordinary decent people

Question 13

Intention to permanently deprive includes:

Answer 13

• Where victim only has limited interest in property
• Where D intends to replace item, even if identical
• Where D does not meet conditions of return when acquiring property
• If D does not intend to permanently deprive but treats property like his own, including disposing

Question 14

Intention to deprive can also include:

Answer 14

Borrowing and lending property, if:

• it is for a period/in circumstances equivalent to an outright taking; but
• only if the ‘goodness and virtue is gone’

(R v Lloyd)

Question 15

Fraud by false representation (s.2 Fraud Act 2006)

[10 yrs and unlimited fine]

Answer 15

AR:
Making a representation
which is false

MR:
Dishonesty (Ivey)
Intention (by making representation to make a gain for themselves/loss to another (s.5 Fraud Act 2006)
- knowledge/recklessness as to possibility that the representation is untrue or misleading (or may be)

Question 16

Representation (for fraud) includes:

Answer 16

• Words or conduct (DPP v Ray)
• Use of credit cards (R v Lambie)
• Express or implied representation (s.2(4))
• Representations made to machine (s.2(5))

Question 17

False (for fraud) includes:

Answer 17

Untrue or misleading
- misleading - ‘less than wholly true and capable of interpretation to the detriment of the victim’
(ie having another person impersonate you to sit a driving test)

No need for anyone to be misled or consequence to follow on from representation

Question 18

Making off without payment (s.3(1) Theft Act 1978)

[2 yrs]

Answer 18

AR:
Supply of goods or services
D makes off from the spot where payment is required
Without paying as required or expected

MR:
Dishonesty (Ivey)
Knowledge that payment on the spot was required
(unless agreement made with victim that he will pay in future)
Intention to permanently avoid payment

D not liable if he intends to come back and pay

Question 19

‘On the spot’ (for making off without payment) includes:

Answer 19

Payment at time of collecting goods (s.3(2) TA 1978)

Doesn’t include attempting to make off (D must leave store)

Question 20

‘Paying as required’ (for making off without payment) includes:

Answer 20

Paying with a worthless cheque or stolen credit card

Question 21

Important to distinguish MR of ‘making off without payment’ from that of ‘false representation’

Answer 21

No false representation occurs if person intends to pay but then makes off
(Edwards v Ddin)

Question 22

Key cases for theft and fraud

Answer 22

DPP v Gomez (consent of owner is irrelevant as to appropriation)
Ivey v Genting Casinos (test for dishonesty)
R v Atakpu (cannot steal property more than one but appropriation can be continuous)