Theft Key Questions - Topic 14 Flashcards
What is Section 1 of the Theft Act 1968?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
Give an example of what is meant by appropriation in Section 3 of The Theft Act 1968
Taking goods in a supermarket and placing them in your pocket or shopping bag
What happened in R v Morris? What was the appropriation in this case?
D switched the price labels of two items - here he assumed the rights of the owner as he decided he could swap the price labels which is the owners choice
What is the position when the owner consented to you taking their property?
appropriation is an assumption of any owners rights taking place regardless of wether the owner consents
Point: appropriation is assuming the rights of the owner regardless of wether the owner gave their consent or not, Lawerence v CMP
A taxi man asked for more money than he should have when dropping off an Italian student knowing that he would not understand what was being asked of him
Point: appropriation is assuming the owners rights regardless of wether the owner gave their consent, R v Gomez
D persuaded the manager to take payments in good which were two cheques which he knew were stolen and had no value
Can a gift ever be appropriation?
Yes
What is ‘real’ property?
Money and all other property real or personal including things in action and other intangible property
What are the 5 categories of property outlined in section 4 of the theft act 1968?
- Money
- Real
- Personal
- Things in action
- Intangible property
What things cannot be stolen?
Plants growing wild
What does belonging to another mean?
It is someone else’s property
What does belonging to another mean if it is in control of another?
The possession or control of the item doesn’t have to be lawful
Point: the possession or control of the item doesn’t have to be lawful, R v Turner
D left their car at a repair shop and took it back before paying for it because the garage was in possession of the car they had a right to retain possession until the payment was made
What is the difference between lost and abandoned?
Lost = you are still in possession/ control of the property even if you don’t know where it is
Abandoned = no one is in possession or control
Point: it is possible for someone to be in possession or control of property even though he or she doesn’t know it is there, R v Woodman
D took scrap metal from a company which had left some unknowingly behind but because they were still in possession of the land where the metal was taken on D was convicted