theft - property offences

Question 1

DPP v Gomez (1993)

Answer 1

-D worked in an electrical shop and knew that someone would come in to buy goods with a cheque.
-D had convinced the manager to accept the cheques (although it was dishonoured by the bank)
-Guilty even though he had the manager’s consent, therefore an appropriation does not require absence of consent. This overruled consent in Morris.

Question 2

R v Morris (1983) and outcome?

Answer 2

-switched supermarket labels on goods
-appropriation occurred not when taking the products off the shelf but when the labels were switched
-arrested before paying for the goods

Question 3

What is appropriation?

Answer 3

the action of taking property from another for one’s own use, where you have possession of the property or in control of it.

Question 4

What is the mens rea of theft?

Answer 4

Dishonesty (s2) and intention to permanently deprive (s6)

Question 5

What is the actus reus of theft?

Answer 5

Appropriation (s3) of property (s4) belonging to another (s5)

Question 6

What is theft?

Answer 6

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