PO: Theft Flashcards

(20 cards)

1
Q

Define S1 of Theft Act 1968

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Explain the appropriation act S3 Theft Act

A

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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Explain consent within Theft

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Explain the case of R v Pitham and Hehl

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Explain the case of R v Morris

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Explain the case of R v Gomez

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Explain the case of Lawrence v Commissioner of the Met

A

Appropriation will take place irrelevant to consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Explain S4 Theft Act: Property

A
  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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Explain S4 case Oxford v Moss

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Explain what things are not considered as property

A
  • confidential information
  • wild flowers + Wild animals unless sold for financial gain
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Explain S5 Belonging to another

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Explain S5 case R v Turner

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Explain S5(3)

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Explain S5(4)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Explain the case Davidge v Bunnett

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Explain the case AG Ref (No 1 of 1983)

A

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

17
Q

Explain Dishonesty S2 theft act

A

To decide if the D is acting dishonestly the jury must consider applying the honesty exceptions
S2(1)(a)- D thinks they have a legal right to the property ( R v Robinson)
S2(1)(b)- D thought they had the owners consent to appropriate (R v Holden)
S2(1)(c)- D cannot find the owner through reasonable steps ( R v Small)

18
Q

Explain the Dishonesty Ivey test

A
  1. Was what was done dishonest according to the ordinary standards of the reasonable and honest person?
  2. Did the D realise what he was doing was dishonest by the standards?
19
Q

Explain S6 Intention to permanently deprive

A

There is intention to permanently deprive if you treat the property as your own to dispose of regardless of the others rights.

Under s6(2), there is intention to permanently deprive even if the property is returned but some of its value has been diminished (Lloyd)

20
Q

Explain the case of R V Easom for S6

A

Theft was quashed as he had ‘conditional intent’ He would only have stolen if there was something he wanted. just attempted theft.