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Question 0

What is the AR of theft?

Answer 0

Appropriation of property belonging to another.

Question 1

What is the definition of theft?

Answer 1

S1(1) of the theft act 1968 provides that a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive.

Question 2

What is the MR of theft?

Answer 2

Dishonesty and an intention to per mantle deprive the other of the property.

Question 3

What was the aim of the theft act 1968?

Answer 3

To modernise the law of theft and avoid technicality by using simple language.

Question 4

How is appropriation defined in the theft act?

Answer 4

S3(1) provides that any assumption by a person of the rights of an owner amounts to an appropriation.

Question 5

What are the rights of an owner?

Answer 5

The right to take, sell, use, possess, lend, destroy, damage or touch.

Question 6

Can you appropriate property without being in possession of it?

Answer 6

Yes, Corcoran v Anderton - D tugged on strap of bag in attempt to take it from her. Tugging constituted appropriation.

Question 7

Name a case when someone assumed the rights of an owner and therefore appropriated the property?

Answer 7

Pithan - a man took two people to V’s house and asked them to but it, assumption of an owner.

Question 8

What does s1(3) of the theft act say and give an example of it?

Answer 8

A person who comes by property without stealing it, appropriates it if he assumes a right to it by keeping it or dealing with it as an owner.

Example, borrowing friends bike, thinking they would mind, not intending to permanently deprive. Then deciding to keep it, then it becomes appropriated.

Question 9

What is property for the purposes of the theft act?

Answer 9

S4 of the act says it includes money and all other property, real or personal, including things in action and other intangible property.

Question 10

What does belonging to another mean?

Answer 10

S5(1) of the act provides that property shall be regarded as belonging to any person having possession or control of it or having any proprietary right in it.

Question 11

Can you steal your own property?

Answer 11

Yes. R v Turner - D took car to garage for repairs, after work was done car was left in street, D collected car without paying. Although car continued to belong to D, it belonged to the garage at the time as they had possession and control of it.

Question 12

What does s5(3) of the act deal with and give a case example?

Answer 12

Where a person receives property legitimately but is obliged to deal with it in a certain way. Davidge - flat,ares gave her cheques for utilities but she spent it on Christmas presents.

Question 13

What is the MR of theft?

Answer 13

Dishonesty and intention to permanently deprive.

Question 14

When is something not to be regarded as dishonest?

Answer 14

S2 of the 1968 act said if he believes he has a right in law to deprive the other of it, he believes he would have the others consent to appropriate it or he believes that the person to whom the property belongs cannot be discovered without taking reasonable steps.

Question 15

Where do we find the definition of dishonesty?

Answer 15

It is not defined in s2, it comes from the case of Ghosh.

Question 16

What is the Ghosh test?

Answer 16

It requires the jury to consider whether the D acted dishonestly by the ordinary standards of reasonable and honest people. If they find that he did they must then consider whether the D himself realised that what he was doing was dishonest by those standards.

Question 17

What happened in the case of Velumyl?

Answer 17

D borrowed money from a safe at work intending to replace it a few days later. Held it was an intention to permanently deprive as he would not be replacing the exact notes and coins he had taken.

Question 18

What is meant by dispose of?

Answer 18

Lavender held that it meant to deal with.

Question 19

What were the examples lord lane gave in the case of Lloyd with regards to the goodness and virtue being gone?

Answer 19

Stealing a railway ticket intending to return it after the journey has been completed or taking a torch battery intending to replace it after it’s goodness has gone.

Question 20

How is robbery defined?

Answer 20

S8(1) of the theft act provides that a person is guilty of robbery if he steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person, or puts or seeks to put any person in fear of being subject to force.

Question 21

What are the elements of robbery?

Answer 21

Theft, the use or threat of force, immediately before or at the time of the theft and in order to steal.

Question 22

What if you attacked someone and then decided to steal from them, would that be a robbery?

Answer 22

No. They would be liable for assault and theft (R v James).

Question 23

D nudges V to knock her off balance so he can grab her bag. As he is running away, he drops the bag. What is he guilty of?

Answer 23

Robbery as he used force nudging her which was used in order to steal.

Question 24

D takes a t shirt without paying from a shop and is stopped by a security guard. He pushes him to the ground and runs off. What is he guilty of?

Answer 24

Could be liable for robbery (R v Hale - force was used in order to escape).

Question 25

D works in a shop and hasn’t been paid by her employer and is owed £100. Next time she’s at work she pushes a shop assistant out of the way and takes the money from a till. Will she be guilty of robbery?

Answer 25

No as she honestly believed she was entitled to the money. She was not dishonest when she took it so she cannot be guilty.

Question 26

What is burglary?

Answer 26

Offence contrary to s9 theft act 1968. There are two types s9(1)(a) and s9(1)(b).

Question 27

What is a s9(1)(a) robbery offence?

Answer 27

If he enters any building or part of as a trespasser and with the intent to commit theft, inflict GBH or do unlawful damage to the building or anything in it.

Question 28

What is a s9(1)(b) burglary offence?

Answer 28

If, having entered any building or part of as a trespasser, he steals or attempts to steal anything, or inflicts or attempts to inflict GBH on any person.

Question 29

What was said inn the case of Collins about entering a building?

Answer 29

The jury had to be satisfied the D made an effective and substantial entry.

Question 30

How are you a trespasser?

Answer 30

R v Collins says it is when a person enters knowing that he is a trespasser or being subjectively reckless as to whether or not he is trespassing.

Question 31

What if you have permission to be in a building but enter for an unlawful purpose?

Answer 31

R v Jones and Smith - 2 D’s entered S fathers home and stole TVs. S entered in excess of the permission he had to be there, convicted of burglary.

Question 32

To be liable for a s9(1)(a) burglary offence, the trespasser must have intended to commit one of the offences set out in s9(2) theft act 1968. Which offence must he intend to commit?

Answer 32

Stealing, inflicting GBH or doing unlawful damage, it does not matter if you actually commit these offences.

Question 33

Is conditional intent to steal still a burglary?

Answer 33

Yes. R v Walkington confirmed intention to steal if there is anything worth taking it sufficient for a s9(1)(a) offence of burglary.

Question 34

Someone enters a shop as they are hungry with the intent to steal food but is stopped by a security guard. Which burglary offence are they guilty of?

Answer 34

S9(1)(a) and s9(1)(b) usually charged with b.