Theft + Robbery

Question 1

What is the key word for a theft ?

Answer 1

A taking

Question 2

What is the definition of a theft ?

Answer 2

s1. Theft Act 1861-

S2 A dishonest
S3 Appropriation of
S4 Property
S5 Belonging to another with
S6 The intention to permanently deprive

Question 3

How many parts of the Actus Reus is there for theft ?

Answer 3

5 parts

Question 4

What is stage 1 of the Actus Reus for theft ?

Answer 4

Appropriation

Question 5

What is meant by an appropriation ?

Answer 5

Section 3 defines an appropriation as “assuming the owners rights”

Question 6

What does the case of Morris state about an appropriation ?

Answer 6

Any assumption is enough

Question 7

What case does the “ the appropriation must be dishonest come from “ ?

Answer 7

Gomez

Question 8

How many side rules is there for stage 1 theft ?

Answer 8

Three

Question 9

What does section 3(1) say about an appropriation ?

Answer 9

If D gets property but then decides to keep it-this is still an appropriation.

Question 10

What does the case of Lawrence say about an appropriation ?

Answer 10

If D had consent to take the property this is still an appropriation

Question 11

Which case of law created “ you appropriate property even if you receive it as a gift

Answer 11

Hinks

Question 12

What is stage 2 of a theft ?

Answer 12

Property must be stolen

Question 13

Under what section of the Theft Act 1968 how many types of property can be stolen

Answer 13

Section 4 - 4 types

Question 14

What are the 4 types of property that can be stolen ?

Answer 14

Money
Personal
Intangible
Real property

Question 15

What are some examples of personal property ?

Answer 15

Wallet/phone/car

Question 16

What is intangible property ?

Answer 16

Things you cannot touch- eg stocks + shares

Question 17

What are some examples of real property ?

Answer 17

Land and buildings

Question 18

How many types of property cannot be stolen ?

Answer 18

3 types

Question 19

What are the 3 types of property that cannot be stolen

Answer 19

Knowledge ( Oxford v Moss )
Wild animals/ plants
Electricity

Question 20

What is stage 3 of a theft ?

Answer 20

The property must belong to another

Question 21

What section of the Theft Act s=1861 defines that property must belong to another ?

Answer 21

Section 5(1)

Question 22

What doers section 5(1) state about property ?

Answer 22

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

Question 23

What does the case of Turner state about stealing your own property ?

Answer 23

If someone else has a right or interest in your property, you can steal your own property

Question 24

What doe section 5(1) state about lost property ?

Answer 24

The original owner still has aright or interest in it

Question 25

What does the case of Basildon state about abandoned property ?

Answer 25

The owner must have the intention to abandon the property

Question 26

What does section 5(3) state about using money for a particular purpose ?

Answer 26

You must use the money for the purpose intended ( Davidge v Bennet )

Question 27

What does section 5(4) state about receiving money by mistake ?

Answer 27

You are under an obligation to return the money ( AG’s Ref)

Question 28

What is stage 4 of theft ??

Answer 28

Men’s rea - dishonesty

Question 29

Does dishonesty of state 4 have a legal definition ?

Answer 29

No

Question 30

How did you determine if the appropriation was dishonest ?

Answer 30

If the D falls into any of the three negatives they are not dishonest

Question 31

What are the three negatives ?

Answer 31

S.2(1)(A)- D believes they have a right in law to the property
S.2(1)(B)- D believes owner would have concerned to the taking
S.2(1)(C)- D believes the owner cannot be discovered by taking reasonable steps

Question 32

What do you do if the three negatives do not apply ?

Answer 32

Apply the dishonesty test( confirmed in ivy and booth )
“Was the D dishonest by the standard of an honest and reasonable person?”

Question 33

What is stage 5 of a theft ?

Answer 33

Intention to permanently deprive - section 6 (1)

Question 34

What is meant by the intention to permanently deprive ?

Answer 34

“The D intends to continue to treat the property as if it’s their own, regardless of the owners rights”