Law Paper 1 - Section B - Theft Flashcards
(19 cards)
What is the definition of theft according to s.1(1) Theft Act 1968?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of depriving the other of it.
What are the Actus Reus (AR) elements of theft?
Appropriation, Property, Belonging to Another, Dishonesty.
What are the Mens Rea (MR) elements of theft?
Intention to Permanently Deprive.
What constitutes appropriation under s.3(1) Theft Act?
Assumption by a person of the rights of an owner amounts to an appropriation.
What does appropriation include?
Any later assumption of a right to it by keeping or dealing with it as an owner.
What is the significance of Morris (1984) in theft law?
D dishonestly switched price labels on goods, and the switching formed the appropriation.
What does s.4(1) Theft Act define as property?
Property includes money and all other property, real or personal, including things in action and other intangible property.
What does s.4(2) of the Theft Act state about land?
A person cannot steal land or things forming part of land and severed from it by him or by his direction.
What does s.4(3) state about wild mushrooms, flowers, and fruits?
They cannot be stolen unless taken for reward or for sale or other commercial purpose.
What was the outcome of Oxford v Moss (1978)?
The court decided that the confidential information was not property, so there was no theft.
What does s.5(1) Theft Act say about property belonging to another?
Property shall be regarded as belonging to any person having possession or control of it, or having any proprietary right or interest.
What was the ruling in Turner (No. 2) (1971)?
D could be guilty of stealing his own car as the garage had possession or control of it.
What does s.5(3) define regarding obligations to use property?
Property received under an obligation to retain and deal with it in a particular way shall be regarded as belonging to the other.
What does s.6(1) Theft Act state about intention to permanently deprive?
Intention is to treat the thing as his own to dispose of regardless of the other’s rights.
What was the ruling in DPP v Lavender (1994)?
D was guilty of theft as he intended to treat the doors as his own, regardless of the rights of the council.
What was the outcome of Lloyd (1985)?
D was not guilty of theft as there was no intention to permanently deprive; the property still had value.
What does s.2(1) Theft Act say about dishonesty?
A person’s appropriation is not dishonest if he believes he has the right to deprive the other of it.
What is the Ghosh test for dishonesty?
It has both an objective and subjective element: Was the action dishonest according to ordinary standards? Did the D realize it was dishonest?
What change did Ivey v Genting Casinos (2017) bring to the Ghosh test?
It suggested that the Ghosh test should not be used anymore and clarified that dishonesty is based purely on whether the action was dishonest according to ordinary standards.
