Theft - Legal principle

Question 1

Pitham v Hehl (1977)

Answer 1

Theft: Assumption of the right to sell is appropriation

Question 2

R v Morris (1983)

Answer 2

Theft: Assumption of any rights is enough for appropriation

Question 3

Lawrence v MPC (1971)

Answer 3

Theft: Consensual appropriation will depend upon the circumstances

Question 4

DPP v Gomez (1993)

Answer 4

Theft: Appropriation can occur even with the consent of the owner

Question 5

R v Hinks (2000)

Answer 5

Theft: Appropriation can occur where consent is obtained without deception

Question 6

R v Atakpu & Abrahams (1994)

Answer 6

Theft: Appropriation takes place at one point in time.

Question 7

R v Kelly & Lindsey (1998)

Answer 7

Theft: Dead bodies and body parts can constitute personal property

Question 8

Oxford V Moss (1978)

Answer 8

Theft: Not all intangible property is considered property under the law on theft

Question 9

R v Turner [No. 2] (1971)

Answer 9

Theft: An owner can steal his own property

Question 10

R v Woodman (1974)

Answer 10

Theft: Someone can unknowingly be in possession or control of property

Question 11

R (Ricketts) v Basildon Magistrates Court (2010)

Answer 11

Theft: Someone (charity shop) can be unknowingly in possession or control of property

Question 12

R v Webster (2006)

Answer 12

Theft: D can be guilty of stealing even if he owns property and is in possession or control of it

Question 13

R v Hall (1973)

Answer 13

Theft: Unfulfilled obligations must be specific to amount to theft

Question 14

R v Klineberg & Marsden (1999)

Answer 14

Theft: Specific unfulfilled obligations can amount to theft

Question 15

Davidge v Bunnet (1984)

Answer 15

Theft: Specific unfulfilled obligations can amount to theft even where such obligations are informal (no contract)

Question 16

A-G’s Reference [No.1 1983] (1985)

Answer 16

Theft: Goods received mistakenly and where D chooses to keep them even though there is a legal obligation to return them is theft

Question 17

R v Gilks (1972)

Answer 17

Theft: Goods received mistakenly and where D chooses to keep them but there is no legal obligation to return them is not theft

Question 17

R v Holden (1991)

Answer 17

Theft: An unreasonable belief, however unreasonable, can prevent a defendant from having acted dishonestly (Tyres)

Question 18

R v Small (1987)

Answer 18

Theft: An unreasonable belief, however unreasonable, can prevent a defendant from having acted dishonestly (Abandoned Car)

Question 19

Barton & Booth

Answer 19

Theft: Test for dishonesty, Would D’s actions be considered dishonest to a reasonable person?

Question 20

Ivey v Genting Casinos (2017)

Answer 20

Civil Case – Obiter
Did away with the second section of the Ghosh test (no longer matters what D thought about how others would regard his actions)

Question 21

R v Velumyl (1989)

Answer 21

Theft: Permanently depriving intentionally can exist even where a defendant intends to replace the property with a substitute later

Question 22

DPP v Lavender (1994)

Answer 22

Theft: Dictionary definition of ‘dispose of’ is too narrow

Question 23

R v Lloyd (1985)

Answer 23

Theft: Dictionary definition of ‘dispose of’ is too narrow

Question 24

R v Easom (1971)

Answer 24

No evidence of intention to permanently deprive means no theft

Question 25

R v Zerei (2012)

Answer 25

Theft: Taking a car and then leaving it abandoned may suggest that the defendant does not intend to permanently deprive