Theft, Fraud and Making off Without Payment Flashcards
What is the AR and MR of theft?
AR:
(a) Appropriation;
(b) Of property;
(c) Belonging to another.
MR:
(a) Dishonesty;
(b) An intention permanently to deprive.
Appropriation occurs even if property is passed with the consent of the owner.
Gomez
Acquisition of a gift is capable of amounting to an appropriation even if the gift is valid in civil law.
Hinks
An appropriation connotes a physical act on the part of the defendant.
Briggs
It is not possible to steal property more than once, but an appropriation can be a continuing one.
Atakpu
Things in action comprise property that cannot be touchd or felt but is something that can be enforced by a legal action.
Chan Man-sin
You cannot commit theft from a bank if you overdraw on your own account.
Navvabi
Confidential information is not property.
Oxford v Moss
You cannot steal electricity because it is not property.
Low v Blease
What type of offence is theft?
It is an either-way offence with a maximum of 7 years imprisonment on indictment.
Personal property can include prohibited drugs in the claimant’s possession.
Smith
If at the time a defendant was dishonest, the property had already passed to them, they cannot be held liable for a charge of theft as the five elements do not coincide in time.
Edwards
It is possible for an individual to steal their own property.
Turney
The case where a defendant’s obligation to an individual is to use property or proceeds in a particular way.
Wain
The case where a defendant’s obligation to an individual is a mere contractual obligation not relating to specific property or proceeds.
Hall
Property left outside for a specific purpose is not abandoned.
Williams; Rickets
What is the Ivey test of dishonesty?
Was what the defendant did dishonest according to the standards of reasonable and honest people?
What are the three situations provided for in s2(1) TA 1968 that identify where a defendant is not dishonest?
(a) They appropriate property believing they had a legal right to it;
(b) They appropriate property believing they had the other person’s consent if that person knew of the appropriation and its circumstances;
(c) They appropriate property in the belief that the person to whom it belongs cannot be discovered by taking reasonable steps, except if they are a trustee or personal representative.
Borrowing money with the intention of repaying it still constitutes an intention permanently to deprive.
Velumyl
Mere borrowing can never be equivalent to theft unless the intention is to return the thing in such a changed state that it can truly be said that all its goodness and virtue has gone.
Lloyd
S6(1) TA 1968 states what?
That a person appropriating property belonging to another without meaning the other to permanently lose it can still have the intention of permanently depriving the other of it if it is their intention to treat the thing as their own to dispose of regardless of the other’s rights.
Which three cases evidence use of s6(1) TA 1968?
Raphael, covering the case of items being taken and offered back to be brought; Marshall, which held that in the acquiring and reselling of tickets, the defendant had treated them as his own to dispose of regardless of the rights of the train company; Chan Man-sin and how the writing out of cheques had treated the company’s property as the defendant’s own to dispose of regardless of the company’s rights.
What is the AR and MR of Fraud by False Representation? (s2 Fraud Act 2006)
AR:
(a) Making a representation;
(b) That is false.
MR:
(a) Dishonesty; and
(b) Intend by making the representation to make a gain for oneself or another, or to cause loss to another or to expose another to a risk of loss;
(c) Knowledge of the falsity, or potential falsity, of the representation.
What type of offence is Fraud by False Representation?
An either-way offence with a maximum of 10 years imprisonment and an unlimited fine on indictment.
Case where a false representation was made when a defendant booked a driving test online which was later attended by another person to impersonate him.
Idrees
Case where a false representation was made when a till worker falsely told a lady who had won £1 million on the lottery that her ticket was worthless.
Nizzar
Case where a false representation was made when a defendant visited the home of two elderly victims suffering from dementia and claimed he had done roofing work for them, demanding payment.
O’Leary
A defendant’s conduct at a restaurant was a continuing representation as to his present intention to pay and thus his change of mind produced a deception.
DPP v Ray
A defendant continuing to use her credit card after having exceeded the limit was falsely representing that she had the authority to use the card through her conduct.
Lambie
What is the AR and MR of Making Off without Payment? (s3 TA 1978)
AR:
(a) Goods must be supplied or a service done;
(b) The defendant must make off from the spot where payment is required, which can include payment at the time of collecting goods;
(c) Without paying as required.
MR:
(a) Dishonesty;
(b) Knowledge that payment on the spot was required or expected;
(c) Intention to avoid payment.
If a defendant, possibly by false representation, has obtained the agreement of the ‘victim’ that payment can be made in future, then they have a defence to a s3 TA 1978 offence. The fact agreement may have been reached dishonestly does not change this fact.
Vincent
Someone who makes off intending to return at a future date and pay cannot be liable for a s3 TA 1978 offence.
Allen
