Property

Question 1

Theft is the assumption of the rights of an owner

Answer 1

S3 theft act

Question 2

Man invited defendants into his friends house while he was in prison

Answer 2

Pitham v hehl

Question 3

Changed labels in supermarket

Only one of the rights of an owner needs to be assumed for appropriation

Answer 3

R v Morris

Question 4

Electrical store assistant manager sold goods on production of 2 stolen building society chequers
Appropriation can occur even if the owner consents
Follows up earlier decision in Lawrence

Answer 4

R v Gomez

Question 5

Manipulating a man with low IQ to transfer money

Answer 5

R v hinks

Question 6

Hired expensive cars in Europe and sold them in uk

Answer 6

Atakpu and Abrahams

Question 7

Took body parts from the Royal college of surgeons

Answer 7

Kelly and Lindsay

Question 8

Got a copy of exam paper

Answer 8

Oxford v moss

Question 9

Wild plants can’t be stolen unless for rewards or sale

Answer 9

S4(3)

Question 10

Wild creatures not capable of being stolen unless tamed in captivity or another’s possession

Answer 10

S4(4)

Question 11

Any person who has possession or control of it or having propriety right or interest

Answer 11

S5(1)theft act

Question 12

Took his car to garage and stole it back without paying

You can steal property belonging to yourself

Answer 12

R v turner

Question 13

Stole scrap metal that the owners didn’t know was there

Property can belong to another even if they don’t know it exists

Answer 13

R v woodman

Question 14

Took from a charity shop

Bags outside belonged to donater and stuff in bin the shops

Answer 14

R v Basildon magistrates

Question 15

D sent 2 medals by MOD sold them on eBay

Answer 15

R v Webster

Question 16

Where a person receives property from another and is under an obligation to deal with it in a particular way then the property shall be regarded as belonging to another

Answer 16

S5(3)

Question 17

Given money for gas bill and bought Christmas present

Answer 17

Davidge v Bennett

Question 18

When a person receives property by mistake they are under an obligation to restore it and an intention not to show intention to deprive the other of it

Answer 18

S5(4)

Question 19

Met police overpaid

Answer 19

AG ref

Question 20

Placed bet didn’t win but received money

S5(4) didn’t apply as it doesn’t cover moral or social obligation

Answer 20

R v gilks

Question 21

Conviction quashed as he thought he had right to take tyres as others had done it
S2(1)a not dishonest if you believe you have a right in law to deprive other of it

Answer 21

R v Holden

Question 22

Car sat in same place flat tyre etc key in ignition

S2(1)b not dishonest if you think you have owners consent

Answer 22

R v small

Question 23

If you can’t find owner by taking reasonable steps

Answer 23

S2(1)c

Question 24

D actions dishonest by the ordinary standards of reasonable and honest people
Did D realise what he was doing was dishonest by these standards

Answer 24

Ghosh

Question 25

Intending to treat the thing as his own regardless of the owners rights and a borrowing may amount to this if it is equivalent to an outright taking

Answer 25

S6 theft act

Question 26

Caught obtaining and reselling underground tickets

Answer 26

R v Marshall, Coombes and Eren

Question 27

Company manager took money from the safe intended to replace it

Answer 27

R v velumyl

Question 28

Projectionist made illegal copies | Permanently deprive only if all the goodness, virtue and practicle value has gone from the article

Answer 28

R v Lloyd

Question 29

Rummaged through handbag didn't find money | Conditional intention is not an intention to permenently deprive

Answer 29

R v easom

Question 30

Put fingers in a coat demand money pretending to have a gun

Answer 30

R v Bentham

Question 31

15 yr old claimed he wasn't scared when they took his phone didn't matter Ds wanted to have him fear violence

Answer 31

B and R v DPP

Question 32

Owed money and they fought dropped money retrieved | Not theft if you believe you have a right in law to the money

Answer 32

R v Robinson

Question 33

1 D pushed V another took V wallet | Force is an ordinary word for the jury to decide

Answer 33

R v Dawson and James

Question 34

D wrenched a shopping bag from V hand

Answer 34

R v clouden

Question 35

Snatching a cigarette more like pick pocketing

Answer 35

R P and others v DPP

Question 36

Went to house stole jewellery box covered her mouth and tied her up

Answer 36

R v hale

Question 37

Hit woman, tugged at her bag she let go and ran away | Touching property is appropriation

Answer 37

Corcoran v Anderton

Question 38

Appropriation occurs as soon as the owners rights have been assumed

Answer 38

R v Gomez

Question 39

Caught shoplifting from off licence used force, tried to use defence that theft was complete before he used force

Answer 39

R v lockley

Question 40

Fight on a cycle path threatened a knife

Answer 40

Vinall

Question 41

D enters building as a trespasser with intention to steal, inflict GHB, do unlawful damage

Answer 41

Theft act | S9(1)(a)

Question 42

Having entered building or part as a trespasser D steals or attempts to steal and inflicts or attempt to inflict GBH

Answer 42

Theft act s9(1)(b)

Question 43

Judges defined entry as effective and substantial only obiter D climbed ladder into bedroom she thought it was her boyfriend

Answer 43

Collins

Question 44

D leaned in and helped himself to goods, whole body doesn't need to be in building conviction upheld

Answer 44

Brown

Question 45

D found stuck with head and arm in the building | Conviction upheld partial entry may be enough

Answer 45

Ryan

Question 46

If has permission to entry not a trespasser, or only a trespasser if he knows or sees risk of trespassing

Answer 46

Collins

Question 47

D entered smiths fathers house stole 2 TVs | Upheld still trespasser if in excess of permission or is reckless in that regard

Answer 47

Jones and smith

Question 48

Found in stock room after closing

Answer 48

R v laing

Question 49

Building is " structure of considerable size and intended to be permenent or at least to endure for a considerable time

Answer 49

Stevens v gourlay

Question 50

Freezer on railway sleepers that had been there for 2-3 yrs was a building

Answer 50

B. And S v leathley

Question 51

Articulated trailer used as a temp store for a year, had electricity, steps, and lockable shutters was not a building as the character of the structure had not changed from that of a vehicle

Answer 51

Norfolk constabulary v seekings

Question 52

Inhabited vehicle or vessel even if the occupiers weren't men

Answer 52

S9(4)

Question 53

Permission to enter shop but not counter area

Answer 53

Walkington

Question 54

Prosecutors failed to argue he had entered part of building as a trespasser conviction quashed

Answer 54

R v laing

Question 55

If entered building intended to steel if nothing worth steeling immaterial

Answer 55

Walkington

Question 56

Case 1 found climbing stairs to room above grocers looking for money to steal Case2 found forcing French Windows said he wasn't going to damage but wanted to see what was lying around C/A adopted judgement of Walkington

Answer 56

AG ref no 1 and2 of 1979