Unit 7

Question 1

What are the 5 elements of theft?

Answer 1

Appropriation
Property
Belonging to another
Dishonesty
With the intention to permanently deprive

Question 2

Where is theft defined?

Answer 2

S.1(1) of the Theft Act 1968.

Question 3

True or false: Appropriation is the assumption by a person of the rights of an owner.

Answer 3

True

Question 4

Which case gets that just one of the owner’s rights can be assumed for there to be an appropriation?

Answer 4

R v Morris (1983) 3 All ER 288.

Question 5

Appropriation can be a continuing act?

Answer 5

True- Atakpu (1994) QB 69.

Question 6

Can a valid gift be appropriated?

Answer 6

Yes- Hinks 2001.

Question 7

Oxford v Moss held that…?

Answer 7

Confidential information is not property

Question 8

A person picking blackberries for their own consumption commits theft?

Answer 8

No as long as they aren’t doing it to sell under s.4 (3).

Question 9

Can D steal a pet lion?

Answer 9

Yes- S.4(4)

Question 10

True or false: Property shall be regarded as belonging to any person having possession or control, or having in it any other proprietary right or interest.

Answer 10

True

Question 11

What principle is established in Turner 1971?

Answer 11

It is possible to steal your own property from someone in position of it or with control over it.

Question 12

True or false: the common law sets out a general definition of dishonesty for juries to apply?

Answer 12

False- it is a question of fact for the jury.