Theft

Question 1

Morris

Answer 1

There is no need to assume all the rights of the owner, just one

Question 2

Lawrence/Gomez

Answer 2

Appropriation can occur even where the original owner consents

Question 3

Hinks

Answer 3

Appropriation can occur even where the property is a gift

Question 4

Oxford v Moss

Answer 4

information is not property for the purposes of theft

Question 5

Kelly & Lindsay

Answer 5

corpses are not information for the purposes of theft

Question 6

Lowe v Blease

Answer 6

electricity is not property for the purposes of theft

Question 7

Turner

Answer 7

the defendant is capable of stealing his own property if another party has a proprietary interest in it

Question 8

Wain/Davidge & Bunnett

Answer 8

property belongs to another if the defendant has an obligation to deal with it in a particular way

Question 9

Hall

Answer 9

property does not belong to another if the defendant is not have an obligation to deal with it in a particular way

Question 10

AG Ref No.1 1983

Answer 10

If the defendant obtains property by mistake, they have an obligation to restore it as it belongs to another

Question 11

Holden

Answer 11

dishonesty cannot be proven where the defendant believed they had a legal right to the property

Question 12

Small

Answer 12

dishonesty cannot be proven where the defendant believed that the original owner could not be found by taking reasonable steps

Question 13

Ghosh

Answer 13

dishonesty test

Question 14

Velumyl

Answer 14

intending to replace property with different property of the same value is still intent to permanently deprive

Question 15

Easom

Answer 15

conditional intent is not enough for the MR of theft