Theft (property Offences)

Question 1

s.1(1) of Theft Act 1968

Answer 1

A person is guilty of theft if he dishonestly(s2) appropriates(3) property(4) belonging to another(5) with the intention of permanently depriving the other of it (6)

Question 2

Appropriation s.3(1)

Answer 2

Assumption of the rights of an owner e.g Morris 1983 (price tags) assumption of any of the rights of an owner amounts to an appropriation

Question 3

Appropriation - Lawrence1972

Answer 3

(Taxi driver) there can be an appropriation even if the owner appears to consent to it

Question 4

Appropriation- r v pitham+hehl

Answer 4

Ds went to sell their friend’s furniture in his house while he was in prison

Question 5

Property s.4(1)

Answer 5

Property includes money + all other property (real/personal/things in action/intangible)

Question 6

Property- Kelly1999

Answer 6

Body parts may constitute property where application and skill changed their nature

Question 7

Property- Oxford v moss

Answer 7

(Exam info) confidential info does not constitute to property

Question 8

Property- Gilks

Answer 8

Must be legal obligation to return property not just moral

Question 9

Belonging to another s.5(1)

Answer 9

Any other person having possession or control of it

Question 10

Belonging To Another - Turner(no2)

Answer 10

(Car repair) a person can be liable for theft of their own property

Question 11

Belonging to another- woodman

Answer 11

A person can be in possession of property even though they do not know it’s there (scrap metal)

Question 12

Belonging to Another s.5(3)

Answer 12

Where property is given to a person with instructions to deal with it in a certain way, ownership remains with giver e.g Davidge v Bennett- d was under a legal obligation to use the cheque to pay for the communal gas and not for presents so failure to do so was theft

Question 13

Dishonesty s.2(1)

Answer 13

Examples of when not dishonest
a) belief he has a right of law to deprive the other of it (Robinson- fight and money)
b) belief the other would consent to it
c) cannot be discovered by taking reasonable steps

Question 14

Ivey Test confirmed in Barton+Booth

Answer 14

1) what was d’s actual state of knowledge/belief to the facts?
2) was the conduct reasonable to the standard of the ordinary decent person?

Question 15

Intention To Permanently Deprive s.6(1)

Answer 15

A person has necessary intention if they treat the property as their own regardless of the owner’s rights
Velumyl- taking banknotes from a safe amounts to ITPD even if intended on replacing them with other banknotes that have the same value

Question 16

ITPD s.6(1)

Answer 16

Borrowing in circumstances making it equal to an outright taking
Lavender- intended to treat the council doors as his own regardless of the rights of the council
Lloyd- no ITPD as the cinema film’s practical value had not been used up

Question 17

ITPD

Answer 17

AG Ref- conditional intent so attempt to steal can lead to conviction