Unit 5 – Theft

Question 1

Theft

Answer 1

AR = Appropriation of property belonging to another

MR = Dishonest appropriation and intention to permanently deprive

Question 2

“Appropriation”

Answer 2

Assuming rights of the owner – a physical act on part of defendant and cannot be remotely triggered.

Question 3

What is not included in “property”?

Answer 3

1) LAND

2) WILD FLOWERS / PLANTS

3) WILD ANIMALS

4) CONFIDENTIAL INFORMATION (although the medium on which it is contained can be e.g., paper / USB)

5) ELECTRICITY

Question 4

“beloning to another”

Answer 4

anyone having possession / control / proprietary right / interest in the property

Question 5

Where cash is passed over with a clear legal obligation to deal with it in a particular way and D steals it…

Answer 5

Theft as long as all elements of theft are dealt with, despite the owner having handed it over.

Question 6

What are the exceptions, where D will not be found guilty for theft?

Answer 6

D is not dishonest if D holds the honest belief that:

a) D had the legal right to deprive the owner of the property; or

b) The owner would have consented has they known of the circumstances; or

c) D would not be able to find the owner by taking reasonable steps (NOTE – D does not need to actually have taken any steps, as long as they honestly believe the owner could not be found by doing so.

• Does not need to be a reasonably held belief, so long as they did actually believe it.

Question 7

“Intention to permanently deprive”

Answer 7

“an intention to treat the thing as D’s own to dispose of regardless of the other’s rights”

Question 8

Note on ITPD…

Answer 8

Specific item of property = Always check whether D intended to permanently deprive the owner of the specific piece of property they appropriated (Velumyl).

• E.g., If someone steals your water bottle, but intends to replace it with another one, they have ITPD of the specific original water bottle.