Unit 4- Theft

Question 1

Definition of theft and where is it found

Answer 1

Theft act 1968- to dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it

Question 2

3 parts of the actus reus

Answer 2

Appropriation
Property
Belonging to another

Question 3

Definition of appropriation

Answer 3

Any assumption of being in possession of its rights

Question 4

Two cases to show appropriation

Answer 4

Pitham and hehl

Morris

Question 5

3 cases to show you cannot consent to appropriation

Answer 5

Lawrence
Gomez
Hinks

Question 6

What counts as property

Answer 6

Money and all other property
Real or personal
Things in action
Intangible property

Question 7

What was held to be property in Kelley and Lindsey

Answer 7

Body parts

Question 8

Three exceptions for buildings and land ( real property) being stolen

Answer 8

Trustee stealing from trust
Severing part of land they are not in possession of (moving a fence)
Taking something from a house they rent

Question 9

3 examples of things in action

Answer 9

Bank account
Copyright
Trademark

Question 10

Case for other intangible property

Answer 10

Oxford v moss

Question 11

4 things that can’t be stolen

Answer 11

Knowledge (Oxford v moss )
Wild mushrooms or flowers
Wild creatures
Trees

Question 12

Define belonging to another

Answer 12

Belonging to any person having possession or control

Question 13

Case for belonging to another

Answer 13

Turner 1974

Question 14

Case- able to be in possession without being aware of it

Answer 14

Woodman

Question 15

How can a defendant be guilty if the property does not belong to another

Answer 15

Trust property- trustee steals it
Property received under obligation
Received by another’s mistake

Question 16

Cases for property received under obligation (2)

Answer 16

R v hall

R v klineberg and marsden

Question 17

Property obtained by mistake definition and case

Answer 17

Receiving property by mistake and failing to give it back

Attorney generals reference no 1

Question 18

An act is not dishonest if : (3)

Answer 18

D believes they have the right
D believes they would have consent
The reasonable steps were taken to find the owner of the property

Question 19

2 cases where it was only necessary for d to believe he had rights

Answer 19

Feely

Robinson

Question 20

Ghosh test (2 part )

Answer 20

Was the action dishonest according to the standard of reasonable and honest people
Did the defendant realise what he was doing was dishonest by these standards

Question 21

Define intention to permanently deprive

Answer 21

Not giving something back after a set period of time by the owner makes it the same as stealing

Question 22

4 cases for intention to permanently deprive

Answer 22

Velumyl
Dpp v lavender
Raphael and another
Easom