Theft (Paper 1)

Question 1

Act of Parliament which defines theft

Answer 1

Section 1 Theft Act 1968

Question 2

Definition of theft

Answer 2

Dishonest appropriation of property belonging to another, with the intention to permanently deprive

Question 3

Actus reus of theft

Answer 3

Appropriation of property belonging to another

Question 4

Section 3 defines appropriation as

Answer 4

Assuming the rights of an owner

Question 5

Case which said any assumption is enough

Answer 5

Morris

Question 6

Decision in Gomez

Answer 6

The appropriation must be dishonest

Question 7

Side rule for consent

Answer 7

If D had consent to take the property, this still an appropriation (Lawrence)

Question 8

Hinks held you can appropriate property if you receive it as

Answer 8

A gift

Question 9

Four types of property which can be stolen under section 4

Answer 9

Money, personal, real, intangible

Question 10

Property that cannot be stolen

Answer 10

Knowledge, wild animals and plants, electricity

Question 11

Definition of belonging to another under section 5

Answer 11

Property belongs to another if they have possession or control over it, or a right or interest in it

Question 12

You can steal your own property

Answer 12

True (Turner)

Question 13

Lost property

Answer 13

Original owner still has a right or interest in it

Question 14

Ruling from Basildon

Answer 14

Owner must have an intention to abandon property

Question 15

Case which said you must use money for the purpose intended

Answer 15

Davidge v Bennett

Question 16

Receiving money by mistake

Answer 16

You are under an obligation to return it (A.G’s Reference)

Question 17

Mens rea of theft

Answer 17

Dishonesty and the intention to permanently deprive

Question 18

Three negatives in section 2 under which D will not be dishonest

Answer 18

They believe they have a right in law to the property, D believes the owner would have consented to the taking, owner cannot be discovered by taking reasonable steps

Question 19

Dishonesty test confirmed in Ivey v Genting Casinos and R v Barton & Booth

Answer 19

Was D dishonest by the standard of an honest and reasonable person

Question 20

Meaning of intention to permanently deprive

Answer 20

D intends to continue to treat the property as if it is their own, regardless of the owner’s rights

Question 21

Decision in Velumyl

Answer 21

If you intended to replace property, you still have the intention to permanently deprive

Question 22

Case that said there’s an intention to permanently deprive if you take the ‘goodness, value, and virtue’

Answer 22

Lloyd

Question 23

Conditional intent rule

Answer 23

If you only intend to steal if there is something worth stealing, this is not an intention to permanently deprive (Easom)