Theft, Fraud, Making Off Without Payment

Question 1

Theft - AR - 3

Answer 1

Appropriation, Of Property, Belonging to Another

Question 2

Theft - AR - Consent is irrelevant to appropriation

Answer 2

DPP v GOMEZ

Question 3

Theft - AR - A valid gift can be an appropriation

Answer 3

R v HINKS

Question 4

Theft - AR - The appropriation requires some personal contact or interference with the property, not just causing victim to use it in a way that benefits D

Answer 4

R v BRIGGS

Question 5

Theft - AR - Can’t steal more than once, but appropriation can be continuous or instantaneous

Answer 5

R v ATAKPU

Question 6

Theft - AR - Restriction - s.3(2) TA 1968

Answer 6

Not an appropriation for TA if:
i. You purchase for value
ii. You act in good faith (eg don’t buy at dodgy cheap price)
Watch out for discovering a gift is stolen!

Question 7

Theft - AR - Things in action: intangible rights capable of legal enforcement – bank account balance, agreed overdraft

Answer 7

CHAN MAN-SIN v R

Question 8

Theft - AR - Property is not… (1) Confidential Information / (2) Electricity

Answer 8

(1) OXFORD v MOSS

(2) LOW v BLEASE

Question 9

Theft - AR - The property must belong to another at the time of the dishonest appropriation (ie not be a petrol station/restaurant case)

Answer 9

EDWARDS v DDIN

Question 10

Theft - AR - Property may in fact be your own

Answer 10

R v TURNER (NO.2)

Question 11

Theft - AR - Where you get property from another and have a LEGAL obligation to deal in a certain way, as against you it belongs to another

Answer 11

DPP v HUSKINSON

Question 12

Theft - MR - GHOSH test (any crime with dishonesty MR)

Answer 12

i. Did D do something that is dishonest by the standard of ordinary, honest people?
ii. Did D know his action was dishonest by such standards?

Question 13

Theft - MR - With taking cash, you intend to permanently deprive even if you intend to repay (due to exact notes and coins)

Answer 13

R v VELUMYL

Question 14

Theft - MR - Treat item at own disposal regardless of Owner’s rights - Selling used underground tickets “disposing of regardless of rights”

Answer 14

R v MARSHALL

Question 15

Theft - MR - Treat item at own disposal regardless of Owner’s rights - Stole correctly believing bank would reimburse company – this is also disposing of thing regardless of owner’s right

Answer 15

CHAN MAN-SIN v R

Question 16

Theft - MR - Treat item at own disposal regardless of Owner’s rights - You can treat borrowing as Intention to Permanently Deprive if…

Answer 16

R v LLOYD

a. It is equivalent to outright taking or;
b. Returned thing is “spent” or “goodness is gone”

Question 17

Fraud - s.2 Fraud Act 2006 - AR

Answer 17

1. Making a representation

2. Which is False

Question 18

Fraud - s.2 Fraud Act 2006 - AR - HOME OFFICE guidance on Misleading…

Answer 18

Less than wholly true and capable of interpretation to the detriment of the victim

Question 19

Fraud - s.2 Fraud Act 2006 - AR - Representation by Credit Card

Answer 19

R v LAMBIE

Question 20

Fraud - s.2 Fraud Act 2006 - MR

Answer 20

1. Dishonestly
2. Intention, by making the representation, to make a gain for himself/loss to another
3. Knowledge/Recklessness as to the possibility that the representation is untrue or misleading

Question 21

Making Off Without Payment - s.3(1) TA 1978 - AR

Answer 21

1. Supply of Goods or Services
2. D makes off from the spot where payment is required
3. Without paying as required or expected

Question 22

Making Off Without Payment - s.3(1) TA 1978 - MR

Answer 22

1. Dishonestly
2. Knowledge that payment on the spot was required
3. Intention to avoid payment

Question 23

Making Off Without Payment - s.3(1) TA 1978 - MR - Defence - Where D has obtained an agreement from the V that he will pay in the future

Answer 23

R v VINCENT

Question 24

Making Off Without Payment - s.3(1) TA 1978 - MR - D not liable if D intends to return a pay later

Answer 24

R v ALLEN