Theft

Question 1

The Act

Answer 1

Theft Act 1968

Question 2

Definition

Answer 2

A person is guilty of if he/she dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
S.1 of the Theft Act 1968

Question 3

Appropriation

Answer 3

S.3 of the TA 1968 ‘any assumption by a person of the rights of an owner’

Question 4

Assumption rights of an owner

Answer 4

R v Pitham v Hehl

Question 5

Just needs to be one right

Answer 5

R v Morris

Question 6

Genuine consent

Answer 6

Lawrence v Commissioner for Metropolitan Police

Question 7

Must be genuine consent, can’t be based on unfactual statements

Answer 7

R v Gomez

Question 8

Accepting a gift can amount to appropriation

Answer 8

R v Hinks

Question 9

Later assumption of right

Answer 9

S. 3 (1) of the Theft Act 1968

Question 10

Property

Answer 10

S. 4 of the Theft Act 1968

Question 11

Personal property- Body parts classed as personal property

Answer 11

R v Kelly and Lindsay

Question 12

Things in action/ intangible property- permission to export or transport goods

Answer 12

A-G of Hong Kong v Chan Nai-Keung

Question 13

Knowledge cannot be stolen

Answer 13

Oxford v Moss

Question 14

Things which cannot be stolen- wild flowers, fruit, mushrooms

Answer 14

S.4 (3) of the TA 1968

Question 15

Things which cannot be stolen- wild creatures not tamed or kept in captivity

Answer 15

S.4 (4) of the TA 1968

Question 16

Belonging to another

Answer 16

S.5 of the TA 1968

Question 17

Does not have to be the legal owner

Answer 17

R v Turner (No.2)

Question 18

Control of possession

Answer 18

R v Woodman

Question 19

Belong to another until you take possession

Answer 19

Ricketts v Basildon Magistrates

Question 20

Proprietary interest- interest in property

Answer 20

R v Webster

Question 21

Received under obligation

Answer 21

S.5 (3) of the TA 1968

Question 22

Under obligation

Answer 22

Klineberg and Marsden

Question 23

Clear obligation

Answer 23

Davidge v Bunnett

Question 24

Deal with property in specific way

Answer 24

R v Hall

Question 25

Charity- money paid doesn’t have to be same as coins and notes

Answer 25

R v Wain

Question 26

Received by mistake- under obligation to make restoration

Answer 26

S.5 (4) of the TA 1968

Question 27

Under obligation to return

Answer 27

A-G Reference (No.1 of 1983)

Question 28

Dishonesty

Answer 28

S.2 of the TA 1968

Question 29

Not dishonest- Has a right in law to deprive the other of it

Answer 29

S.2 (1)(A), R v Robinson

Question 30

Not dishonest- Would have the others consent if other knew of the appropriation

Answer 30

S.2 (1)(B), R v Holden

Question 31

Not dishonest- person to whom the property belongs cannot be discovered by taking reasonable steps

Answer 31

S.2 (1)(C), R v Small

Question 32

Retreat from Ghosh Test

Answer 32

Ivey v Genting Casinoes

Question 33

Intention to permanently deprive

Answer 33

S.6 of the TA 1968

Question 34

When intending to give money back, still lent money which wasn’t his

Answer 34

R v Velumyl

Question 35

Defendant guilty if they treat property as their own to dispose of it

Answer 35

S. 6 (1) of the TA 1968

Question 36

Treated property as their own

Answer 36

DPP v Lavender

Question 37

Borrowing or lending not intention to permanently deprive unless all goodness, virtue and practical value been taken

Answer 37

R v Lloyd

Question 38

Defendant examines property but doesn’t take anything- not theft

Answer 38

R v Eason