SB: 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 S4 Theft Act: Property

Answer 4

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 5

Explain what things are not considered as property

Answer 5

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

Question 6

Explain S5 Belonging to another

Answer 6

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 7

Explain S5(3)

Answer 7

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 8

Explain S5(4)

Answer 8

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

Question 9

Explain Dishonesty S2 theft act

Answer 9

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)

Question 10

Explain the Dishonesty Ivey test

Answer 10

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?

Question 11

Explain S6 Intention to permanently deprive

Answer 11

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)