Proterty Offences- Theft

Question 1

Theft definition

Answer 1

S1. Theft act 1968
Dishonest (S2) appropriation (S3) of property (S4) belonging to another (S4) with the intention to permanently deprive

Question 2

Actually Rea
Part 1

Answer 2

S3
Appropriation- action as thought the property is yours
Assuming the rights of the owner

Any interference with the owners rights
MORRIS

The Ap can only be theft is dishonest
GOMEZ

Question 3

Actus Rea
Part 1
Appropriation side rule 1

Answer 3

Consent
Even if the owner consents to taking the property
LAWRENCE

Question 4

Actus Rea
Part 1
Appropriation side rule 2

Answer 4

Even a gift can amount to an appropriation
HINKS

Question 5

Actus Rea
Part 2

Answer 5

Property that can be stolen:
Money
Personal
Intangible- stocks
Real- land and building

Property that cannot be stolen:
Knowledge OXFORD & MOSS
Electricity
Wild Animals
Wild Plants

Question 6

Actus Rea
Part 3

Answer 6

S5(1)
Belonging to another
Property belonging to someone who has possession or control over it or a right and interest in in

Question 7

Actus Rea
Part 3
Side rule 1

Answer 7

Owner takes their own property
TURNER

Question 8

Actus Rea
Part 3
side rule 2

Answer 8

Lost Property
If lost the owner still has a right or interest in it

Question 9

Actus Rea
Part 3
side rule 3

Answer 9

Abandoned Property
BASILDON

Question 10

Actus Rea
Part 3
side rule 3

Answer 10

S5(3)
Holding money for a particular purpose
DAVIDE V BENNETT

Question 11

Actus Rea
Part 3
side rule 4

Answer 11

S5(4)
Receiving periphery by mistake
Must be returned
AG’s REF

Question 12

Mens Rea
Part 1

Answer 12

Dishonesty
3 Negatives- in built defences
S2(1)(A) believes they have right in law
S2(1)(B) owner would consent
S2(1)(C) owner not discovered

Dishonesty Test
Objective
Was the D dishonesty by standards of ordinary, honest and reasonable people
IVEY
BOOTH

Question 13

Mens Rea
Part 2

Answer 13

S6(1)
Where D intends to treat item as their own regardless of owners rights

Question 14

Mens Rea
Part 2
Side Rule 1

Answer 14

Intention to replace
Only with money
Held guilty as the D was not able to replace the exact same notes and coins
VELUMYN

Question 15

Mens Rea
Part 2
Side Rule 2

Answer 15

Borrowing property
If it affects the value of the item
If the intention was to return the item in a changed state so that the
‘Goodness, the virtue and the value has gone out of the item’
The D is guilty