Property Offences- THEFT- CRIMINAL LAW (1)

Question 1

What section and act is theft defined under

Answer 1

Section 1 of the Theft Act 1968

Question 2

What is it defined as

Answer 2

” A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.”

Question 3

How many sections are in the theft act

Answer 3

6

Question 4

what is the Actus Reus of Theft

Answer 4

appropriates property belonging to another

Question 5

what is the mens rea of Theft

Answer 5

Dishonesty and intent to permanently deprive

Question 6

What is S3

Answer 6

Appropriation

Question 7

what does appropriation mean

Answer 7

Section 3(1) states that appropriation is any assumption of the rights of the owner

Question 8

what do the the rights of the owner include

Answer 8

• selling the property
• destroying the property
• possessing the property
• consuming the property
• using the property
• lending the property
• hiring out the property

Question 9

is appropriation the actus reus or mens rea

Answer 9

the actus reus

Question 10

what is the key case for appropriation and the legal principle

Answer 10

Morris
states that the defendant does not have to assume all the rights of the owner, it can just be some of the rights of the owner

Question 11

what is the case for consent to the appropriation

Answer 11

Lawrence

The defendant can appropriate property even if the owner consents

Taxi driver told the V it was more expensive and took the money

Question 12

What is the case for appropriation at one point in time

Answer 12

Atakpu and Abrahams

The act of appropriation occurs at one point in time and is not a continuing act

D hires a german car and drives it to uk
they’re not guilty of theft as no appropriation occured

Question 13

what are the 3 elements of appropriation

Answer 13

assuming some rights of the owner - Morris

can be an appropriation even if V consented to it - Lawrence

Not a continuing act - Atakpu and Abrahams

Question 14

what is section 4

Answer 14

property

D must have appropriated property

Question 15

what does section 4 state

Answer 15

” property includes money and all other property real or personal, including things in action and other intangible things”

Question 16

what counts as property

Answer 16

money
personal property
real property
things in action
other intangible things

Question 17

what does it mean by money

Answer 17

coins and banknotes of any currency

Question 18

what does it mean by personal property

Answer 18

all moveable items such as books, jewellery, cars, aeorplanes

Question 19

what does it mean by real property

Answer 19

this is the legal term for land and building

Question 20

what does it mean by things in action

Answer 20

this is a right which can be enforced against another person by an action in law.
the right itself is property under the definition in s4 e.g bank account

Question 21

what is meant by other tangible things

Answer 21

this refers to other rights which have no physical presence but can be stolen under the theft act 1968

e.g. a patent (exclusive rights to an inventor), copyright

other intangible property have been held NOT property within the theft act defintion

Question 22

what are the 3 circumstances which land can be stolen

Answer 22

section 4(2) land= land cannot be stolen unless done in 3 circumstances

1) a trustee or personal representative takes land in breach of his duties as a trustee or personal representative

2) someone not in possession of the land serves anything forming part of the land from the land meaning it is theft to dig up turf from someone’s lawn or to dismantle a wall and take the bricks

3) a tenant takes a fixture or structure from the land let to him

Question 23

what cannot be property

Answer 23

Section 4(3) flowers, fruit and foliage. cannot be stolen unless taken to sell

section 4(4) wild creatures

electricity = intangible property which cannot be stolen. there is a separate offence under S11 theft act 1968 of dishonestly using electricity without due authority or causing it to be wasted or diverted

confidential information

bodies and body parts

Question 24

what is the case for confidential information

Answer 24

Oxford v Moss states that information is not property under S4 of the theft act 1968

copied an exam paper but did not permanently deprive it.

Question 25

what is the case for bodies and body parts

Answer 25

Kelly v lindsay states that bodies and body parts are not property that can be stolen unless they are being held and controlled by another

Question 26

is section 4 property AR or MR

Answer 26

actus reus

Question 27

what is section 5

Answer 27

belonging to another

Question 28

what is belonging to another defined as

Answer 28

" property belonging to any person who has possession or control of it, or whom has proprietary rights or interest in the property"

Question 29

what does possession of control mean

Answer 29

you have the property in your possession, when you do you have control

Question 30

what does proprietary rights mean

Answer 30

to be the rightful owner of the property. you are the proprietor

Question 31

what does the case of Turner show

Answer 31

a person can also be guilty of stealing their own property

Question 32

what does the case rickets show

Answer 32

the owner doesn't know that the property belongs to them

Question 33

what does S5(3) state

Answer 33

exception where money is given for a particular purpose property received under obligation

Question 34

what does S5(4) state

Answer 34

exception where property is obtained by a mistake

Question 35

what is the case for S5(3)

Answer 35

Davidge v Bunnett

Question 36

what is the case for S5(4)

Answer 36

AG ref