Theft

Question 1

definition

Answer 1

s1 theft act 1968
dishonest appropriation of property belonging to another with intention to permanently deprive

Question 2

actus reus part 1

Answer 2

s3 appropriation- assuming the rights of the owner
an appropriation is when D acts as though the item is theirs
(Morris) (Gomez)

Question 3

(Morris)

Answer 3

any interference with the owners rights is enough, so only have to appropriate one

Question 4

(Gomez)?

Answer 4

appropriation can only be theft if it was a dishonest appropriation

Question 5

side rules to part 1 actus reus

Answer 5

(Lawrence)
(Hinks)

Question 6

Lawrence?

Answer 6

appropriation occurs even when the owner consents to D taking property

Question 7

Hinks?

Answer 7

even a gift can amount to an appropriation

Question 8

part 2 actus reus

Answer 8

property s4
property: money, personal, real, intangible
not property: knowledge (oxford & moss), electricity, wild plants/animals

Question 9

part 3 actus reus

Answer 9

belonging to another s5 (1)
property belongs to someone who has possession or control over it or any right or interest in it

Question 10

5 side rules to part 3 actus reus

Answer 10

Turner
lost property s5(1)
Basildon
s5(4) AG’s Ref
s5(3) Davidge v Bennett

Question 11

Turner?

Answer 11

you can steal your own property if you take it and someone else has a right or interest or possession or control over it at the time

Question 12

s5(3) (Davidge v Bennett)

Answer 12

if you are given money for a particular purpose you have to use it for the purpose it was given

Question 13

Basildon?

Answer 13

you can’t steal property that is abandoned, to abandon property there must be an intention to abandon property

Question 14

lost property s5(1)

Answer 14

if you lose property you still have a right or interest in it as the property still legally belongs to you

Question 15

s5(4) AG’s Ref

Answer 15

if you receive property by mistake then you must return it

Question 16

men’s rea

Answer 16

dishonesty + intention to permanently deprive

Question 17

men’s rea-dishonesty

Answer 17

no definition of dishonesty, but 3 negatives where D is not dishonest

Question 18

3 negatives?

Answer 18

s2(1)(a)- d believes they have a right in law to the property
s2(1)(b)- d believes the owner would consent to them taking the property
s2(1)(c)- d believes the owner cannot be discovered by taking reasonable steps

Question 19

dishonesty test

Answer 19

objective test
was d dishonest by the standards of ordinary honest and reasonable people?
confirmed in (Ivey) and (Booth)

Question 20

intention to permanently deprive s6(1)

Answer 20

where d intends to treat the item as his own regardless of the owners rights

Question 21

3 side rules to men’s rea

Answer 21

Velumyl
Lloyd
Easom

Question 22

Velumyl?

Answer 22

even if d intended to replace the property they are still guilty of theft as they would not be able to return the exact property

Question 23

Lloyd?

Answer 23

borrowing can be theft if it affects the value of the item taken if the intention was to return the item in a changed state so that the ‘goodness, virtue and the value’ had gone out of the item’ then D can be guilty

Question 24

Easom?

Answer 24

conditional intent
if you only intend to steal if there is something worth stealing, this is NOT an intention to permanently deprive