Property Offences: Theft

Question 1

where is the law for theft found

Answer 1

s.1(1) Theft Act 1968

Question 2

what is s.1(1) TA 1968

Answer 2

guilty of theft if D (v) dishonestly (iii) appropriates (i) property (ii) belonging to another with the (iv)intention of permanently depriving the other of it

Question 3

what type of crime is theft

Answer 3

conduct crime

Question 4

who must prove what about to establish theft

Answer 4

prosecution must prove D has satisifed every element in s.1(1) AND that all the elements occurred at the same time

Question 5

what is the AR of theft

Answer 5

appropriating property belonging to another

Question 6

where is the law for property found

Answer 6

s.4 TA 1968

Question 7

give all the subsections regarding to property

Answer 7

-s.4(1); property = money, real or personal things incl things in action and intangible property
-s.4(2); land cannot be stolen unless (a)trustee dishonestly disposed of property + (b) theft incl anything forming part of land or (c) structures let to be used with the land
-s.4(3) wild plants
-s.4(4) wild animals

Question 8

give 5 cases regarding property

Answer 8

-Ferens v O’Brian; water stored in container= property
-R v White; gas = property
-Oxford v Moss; confidential info is not property
-R v Sharpe; corpse not property unless sampled/stored eg urine in R v Welsh

Question 9

what happened/ is the legal principle in Ferens v O’Brian

Answer 9

water stored in container= property

Question 10

what happened/ is the legal principle in R v White

Answer 10

gas = property

Question 11

what happened/ is the legal principle in Oxford v Moss

Answer 11

confidential info is not property

Question 12

what happened/ is the legal principle in R v Welsh

Answer 12

-urine sample = property

Question 13

what happened/ is the legal principle in R v Sharpe

Answer 13

corpse not property unless sampled/stored eg urine in R v Welsh

Question 14

where is the general rule for belonging to another found

Answer 14

s.5(1) TA 1968
“property shall be regarded as belonging to any person having possession or control of it or having any proprietary right or interest”

Question 15

what are the subsections relating to belonging to another and the cases that support them

Answer 15

-s.5(3); if D required to handle property in a certain way and doesnt that is theft
-supported by R v Hall, but D has no obligation
-s.5(4) if D gets property by mistake he has a legal obligation to return it
-supported by A-G’s Ref 1994, D had legal obligation to return overpaid wages

Question 16

what happened/ is the legal principle in R v Hall

Answer 16

-if required to handle property in a certain way and doesnt it is theft s.5(3)
- D had no obligation

Question 17

what happened/ is the legal principle in A-G’s Ref 1994

Answer 17

-D had a legal duty to return overpaid wages
-s.5(4)

Question 18

where can the law for appropriation be found

Answer 18

s.3(1) TA 1968
‘Any assumption by the rights of an owner amounts to an appropriation and this includes where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping it or dealing with it as an owner’

Question 19

give 5 cases/ legal principles relating to appropriation

Answer 19

-R v Morris; swapping labels in shop= appropriation
-R v Gomez; conf Morris that just one appropriation of rights sufficient
-R v Lawrence; can be appropriation with consent
-R v Hinks;D was incapable of making valid gifts
-Broome v Crowther; proximity/ physical contact with property not necessarily needed, depends how long you keep it for

Question 20

what happened/ is legal principle in R v Morris

Answer 20

-swapping labels in shop= appropriation
-just one appropriation is sufficient

Question 21

what happened/ is legal principle in R v Gomez

Answer 21

-conf Morris that just one appropriation of rights sufficient
-D convinced shopowner to take stolen cheques

Question 22

what happened/ is legal principle in R v Lawrence

Answer 22

-can be appropriation with consent
-interntaional student held wallet out for taxi driver to take money

Question 23

what happened/ is legal principle in R v Hinks

Answer 23

D was incapable of making valid gifts due to low intelligence

Question 24

what happened/ is legal principle in Broome v Crowther

Answer 24

-proximity/ physical contact with property not necessarily needed, depends how long you keep it for

Question 25

what is the MR of theft

Answer 25

-dishonestly -intent to permanently deprive (ulterior mens rea element)

Question 26

when does ItPD occur

Answer 26

-at relevant moment of appropriation -borrowings with intent to return is not theft

Question 27

what is s.1(2) TA 1968

Answer 27

-doesnt matter if D gains or benefits from property -only depriving V of property matters

Question 28

how/where is ItPD defined

Answer 28

-no statutory definition -s.6(1) extended so; if D didnt ItPD, theft may still have ItPD in certain circs due to period of time or treatment of property as of the owner

Question 29

what are the 3 cases relating to ItPD

Answer 29

R v Lloyd; borrowec cinema tapes to copy but no ItPD so no theft R v Velumyl; D intended to pay back stolen notes but not EXACT notes R v Easom; conditional intent, D only rummaged in handbag

Question 30

what happened/ is the legal principle in R v Lloyd

Answer 30

borrowed cinema tapes to copy but no ItPD so no theft

Question 31

what happened/ is the legal principle in R v Velumyl

Answer 31

D intended to pay back stolen notes but not EXACT notes

Question 32

what happebed / is the legal principle in R v Easom

Answer 32

-conditional intent insufficient for theft -D only rummaged in handbag

Question 33

how is dishonestly defined instatute vs common law

Answer 33

-statute = narrow -common law = wide

Question 34

where is the law for dishonestly found + what is it

Answer 34

s.2(1) not dishonest if; (a) belief in law he has a right to deprive other of it (b)belief he would have others consent (c) belief owner could not be found using reasonable steps

Question 35

what are the legal principles/case regarding dishonestly besides s.2(1)(a,b,c)

Answer 35

-s.2(2); not dishonest if D willing to pay for it -R v Feely; dishonesty is a question for the jury -Ivey v Genting Casinos; new test for dishonesty, (subj + obj)

Question 36

what happened/ is the legal principle in R v Feely

Answer 36

-D was a shop manager who claimed he would have replaced money stolen, clearly dishonest -dishonesty is a Q for jury

Question 37

what is the legal principle in Ivey v Genting Casinos

Answer 37

1st subj limb; what did D know/ believe at the time (D's mind not did D believe they were dishonest) 2nd obj limb; would ordinary decent people consider D's conduct dishonest