Unit 5 - Theft and Fraud

Question 1

What are the 5 elements needed to establish theft ?

Answer 1

AR
1. an appropriation
2. of PROPERTY
3. Property belongs to someone else

MR
4. dishonesty
5. intention to deprive permanently

Question 2

special circumstances for theft and their effects ?

Answer 2

abandoned property (cant be stolen)

obligation to deal with property in a particular way (not fulfilling can be theft)

Question 3

what are the tests for dishonesty?

Answer 3

• General is it clear ?
  if not:
• Is it under the statute provisions ?
  
  • Section 2(1) of TA 1968 provides
  • (1) a persons appropriation of property belonging to another is not to be regarded as dishonest
    ○ (a) if he appropriates the property in the belief that he has in law the right to deprive the other of it; or
    ○ (b) if he appropriated the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
    ○ © (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
    IF NO
• IVEY TEST - subjective test of if its reasonable to believe

Question 4

what are the three different frauds?

Answer 4

1. false representation
2. failure to disclose
3. by abuse of position

Question 5

MR for fraud ?

Answer 5

1. dishonesty
2. intention to gain or cause loss(or risk loss)