Property offences

Question 1

define theft

Answer 1

appropriation (s3) + of property (s4) + belonging to another (s5) + intention to permanently deprive (s6) + dishonesty (s2)

Question 2

define appropriation

Answer 2

S3 of TA 1968
- ‘any assumption by a person of the rights of an owner’
- ‘keeping or dealing with it as owner’

• no consent
• act of appropriation - single and instantaneous event

Question 3

define property

Answer 3

• s4(1) property includes money and all other property, real or personal, including things in action and other intangible property

Question 4

define belonging to another

Answer 4

• property appropriated belonged to another at the point of appropriation

Question 5

can abandonment by the victim be considered as theft ?

Answer 5

no, as when the property is abandoned, it becomes ownerless

Question 6

define intention permanently to deprive

Answer 6

V must be deprived of her property, and D must intend that deprivation to be permanent

Question 7

does ransom or sell property count as intention to permanently deprive?

Answer 7

no

Question 8

does intention to replace with identical property count as intention to permanently deprive?

Answer 8

no

Question 9

define dishonesty

Answer 9

D must appropriate property belonging to another, with the intention permanently to deprive V of it, and that appropriation must be dishonest

Question 10

explain the dishonesty test

Answer 10

step 1: what was the actual state of D’s knowledge or belief as to the facts
–> subjective

step 2: was D’s conduct dishonest by the standards or ordinary decent people?
–> objective
–> against societal standard of dishonesty