PO: Theft

Question 1

Define S1 of Theft Act 1968

Answer 1

Dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it.

Question 2

Explain the appropriation act S3 Theft Act

Answer 2

Appropriation is assuming the rights of the owner =
For example; Taking, lending, consuming or selling some one else’s property (R v Pitham) or switching price labels (R v Morris)

Question 3

Explain consent within Theft

Answer 3

Consent is irrelevant as to whether the owner consents or not (R v Lawrence). Honesty is not an issue with AR

Question 4

Explain the case of R v Pitham and Hehl

Answer 4

Courts interpret the term of Appropriation broadly to cover any rights of the owner.

Question 5

Explain the case of R v Morris

Answer 5

Appropriation occurs as soon as the rights of the owner have been assumed.

Question 6

Explain the case of R v Gomez

Answer 6

Confirmed the approach in Morris, appropriation starts and finishes the moment the D touches the property and is a single, instant event.

Question 7

Explain the case of Lawrence v Commissioner of the Met

Answer 7

Appropriation will take place irrelevant to consent

Question 8

Explain S4 Theft Act: Property

Answer 8

1. Money - any currency
2. Real Property - land or buildings
3. Personal Property - Belongings- hair or urine
4. Things in action- a right which can be enforced against another person by taking legal action- against cheque
5. Other tangible things - rights which have no physical presence - video game data

Question 9

Explain S4 case Oxford v Moss

Answer 9

Confidential information cannot be stolen, here a photocopy of an exam was not regarded as property, therefore, no theft.

Question 10

Explain what things are not considered as property

Answer 10

• confidential information
• wild flowers + Wild animals unless sold for financial gain

Question 11

Explain S5 Belonging to another

Answer 11

The V must have had possession, control or proprietary interest in the property. This also includes property that is not the sole property of the V

Question 12

Explain S5 case R v Turner

Answer 12

The garage held proprietary interest due to the repairs taking the car was theft even though it belonged to D

Question 13

Explain S5(3)

Answer 13

Where the V has entrusted the property to another this must be used for the intended purpose under an obligation to use the property for that purpose.

Question 14

Explain S5(4)

Answer 14

Where D gains property by mistake then they are under an obligation to return to its owner.

Question 15

Explain the case Davidge v Bunnett

Answer 15

There was a clear obligation to use the money in a certain way any other use would be theft.

Question 16

Explain the case AG Ref (No 1 of 1983)

Answer 16

Where D receives property by mistake they are under an obligation to return it. Refusal to do so will be theft.