Offences against a property- Theft

Question 1

What act is Theft under?

Answer 1

Section 1 Theft Act 1968

Question 2

Definition of Theft

Answer 2

To dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

Question 3

Actus Reus elements of Theft

Answer 3

Appropriation
Property
Belonging to another

Question 4

What does appropriation mean?

Answer 4

Assumption of the rights of an owner

Question 5

Appropriation can be label swapping case

Answer 5

Morris

Question 6

Appropriation can happen with consent accompanied by deception case

Answer 6

Lawrence

Question 7

Appropriation can happen with consent without any deception case

Answer 7

Hinks

Question 8

Appropriation can be a continuing act case

Answer 8

Atakpu and Abrahams

Question 9

What act is property under?

Answer 9

s4 Theft act 1968

Question 10

Definition of property

Answer 10

Money and all other property, real or personal, including things in action and other intangible property.

Question 11

What can be stolen case

Answer 11

Kelly

Question 12

what cannot be stolen?

Answer 12

Wild plants
Wild animals
Electricity
Confidential property

Question 13

What can’t be stolen case

Answer 13

Moss

Question 14

What act is belonging to another under?

Answer 14

S5 TA

Question 15

Definition of belonging to another

Answer 15

Possession or control or having proprietary rights of interest

Question 16

proprietary rights

Answer 16

if someone else has right to property

Question 17

Turner

Answer 17

Own possession

Question 18

Woodman

Answer 18

Can be in possession even if you don’t know you have it

Question 19

Webster

Answer 19

proprietary interest

Question 20

phillips

Answer 20

Abandoned or lost property

Question 21

Obligation to use cases

Answer 21

Bunnett
AG reference 1985

Question 22

Obligation to use act

Answer 22

s(5)(3)

Question 23

What are the two elements of mens rea?

Answer 23

dishonesty
intention to permanently deprive

Question 24

What act is dishonesty under?

Answer 24

s6

Question 25

Dishonesty definition

Answer 25

No statutory
Three situations where D Would not be considered dishonest

Question 26

1(a)

Answer 26

Genuine belief

Question 27

Genuine belief

Answer 27

Appropriates property and has a genuine belief he or another person has legal right to it.

Question 28

Genuine belief case

Answer 28

Holden

Question 29

1(b)

Answer 29

consent

Question 30

Consent

Answer 30

Appropriates property believing owner would have given consent

Question 31

(c)

Answer 31

D believed the owner genuinely couldn’t be found

Question 32

Does not require a necessary reasonable belief case

Answer 32

small

Question 33

Test for dishonesty originally

Answer 33

Ghoul

Question 34

Why was the test for dishonesty changed

Answer 34

Not an accurate representation of the law

Question 35

Ivey test

Answer 35

1. state of knowledge or belief as to the facts?
2. standards of ordinary decent people?

Question 36

What criminal case confirmed the ivey test

Answer 36

Barton and Booth

Question 37

What act is intention to permanently deprive under

Answer 37

s6

Question 38

Permanently deprive definition

Answer 38

To dispose of regardless of owners rights

Question 39

Moved doors without permission and they belonged to council

Answer 39

Lavender

Question 40

Even if going to replace still permanently depriving

Answer 40

Velumyl

Question 41

Where property is borrowed for only a period of time

Answer 41

Llyold

Question 42

Conditional intent is not enough

Answer 42

Easom

Question 43

What act is appropriation under?

Answer 43

S3