Theft, Fraud and Making off Without Payment

Question 1

What is the AR and MR of theft?

Answer 1

AR:

(a) Appropriation;
(b) Of property;
(c) Belonging to another.

MR:

(a) Dishonesty;
(b) An intention permanently to deprive.

Question 2

Appropriation occurs even if property is passed with the consent of the owner.

Answer 2

Gomez

Question 3

Acquisition of a gift is capable of amounting to an appropriation even if the gift is valid in civil law.

Answer 3

Hinks

Question 4

An appropriation connotes a physical act on the part of the defendant.

Answer 4

Briggs

Question 5

It is not possible to steal property more than once, but an appropriation can be a continuing one.

Answer 5

Atakpu

Question 6

Things in action comprise property that cannot be touchd or felt but is something that can be enforced by a legal action.

Answer 6

Chan Man-sin

Question 7

You cannot commit theft from a bank if you overdraw on your own account.

Answer 7

Navvabi

Question 8

Confidential information is not property.

Answer 8

Oxford v Moss

Question 9

You cannot steal electricity because it is not property.

Answer 9

Low v Blease

Question 10

What type of offence is theft?

Answer 10

It is an either-way offence with a maximum of 7 years imprisonment on indictment.

Question 11

Personal property can include prohibited drugs in the claimant’s possession.

Answer 11

Smith

Question 12

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.

Answer 12

Edwards

Question 13

It is possible for an individual to steal their own property.

Answer 13

Turney

Question 14

The case where a defendant’s obligation to an individual is to use property or proceeds in a particular way.

Answer 14

Wain

Question 15

The case where a defendant’s obligation to an individual is a mere contractual obligation not relating to specific property or proceeds.

Answer 15

Hall

Question 16

Property left outside for a specific purpose is not abandoned.

Answer 16

Williams; Rickets

Question 17

What is the Ivey test of dishonesty?

Answer 17

Was what the defendant did dishonest according to the standards of reasonable and honest people?

Question 18

What are the three situations provided for in s2(1) TA 1968 that identify where a defendant is not dishonest?

Answer 18

(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.

Question 19

Borrowing money with the intention of repaying it still constitutes an intention permanently to deprive.

Answer 19

Velumyl

Question 20

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.

Answer 20

Lloyd

Question 21

S6(1) TA 1968 states what?

Answer 21

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.

Question 22

Which three cases evidence use of s6(1) TA 1968?

Answer 22

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.

Question 23

What is the AR and MR of Fraud by False Representation? (s2 Fraud Act 2006)

Answer 23

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.

Question 24

What type of offence is Fraud by False Representation?

Answer 24

An either-way offence with a maximum of 10 years imprisonment and an unlimited fine on indictment.

Question 25

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.

Answer 25

Idrees

Question 26

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.

Answer 26

Nizzar

Question 27

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.

Answer 27

O’Leary

Question 28

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.

Answer 28

DPP v Ray

Question 29

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.

Answer 29

Lambie

Question 30

What is the AR and MR of Making Off without Payment? (s3 TA 1978)

Answer 30

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.

Question 31

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.

Answer 31

Vincent

Question 32

Someone who makes off intending to return at a future date and pay cannot be liable for a s3 TA 1978 offence.

Answer 32

Allen