Test: Theft

Question 1

Section 1(1) theft

Answer 1

Dishonestly appropriating property belonging to another with the intention to permanently deprive

Question 2

S3(1) appropriation

Answer 2

A person assuming rights of the owner

Question 3

How many rights must D assume and case

Answer 3

One, R v Morris

Question 4

Appropriation can happen even if V consents

Answer 4

Lawrence v MPC

Question 5

Appropriation happens at one moment in time

Answer 5

R v Gomez

Question 6

Appropriation can occur from accepting a gift

Answer 6

R v Hinks

Question 7

Assumed right to offer property for sale (V was in jail)

Answer 7

Pitham v Hehl

Question 8

What does section 3(1) also say

Answer 8

There can be initially innocent appropriation

Question 9

4(1) Property

Answer 9

Money, personal, real, things in action, intangible

Question 10

Bodily fluids also count as property

Answer 10

R v Welsh

Question 11

Corpse does not count as property unless it has a use, medical, education etc

Answer 11

R v Kelly and Lindsay

Question 12

Information does not count as property

Answer 12

Oxford v Moss

Question 13

Land can’t be stolen unless

Answer 13

• someone who severs anything considered part of the land from the land
• a tourist taken a fixture or structure from the land let to him
• someone legally entrusted to look after the land abuses this power

Question 14

S5(1) belonging to another

Answer 14

Possession or control of the property

Question 15

D can steal own property

Answer 15

R v Turner

Question 16

There was still BTA in… Original owner still had proprietary interest until intention can be filled

Answer 16

Rickets v Basildon Magistrates

Question 17

S5(3) - if D receives property and is under a legal obligation to use it in a particular way, that property will still be treated as belonging to the giver

Answer 17

Davidge v Burnett

Question 18

S4(4) - If D receives property by mistake and is under a legal obligation to return it, that property will still be treated as belonging to the party who made the mistake

Answer 18

Att Gen

Question 19

S2(1)(a) - D is not dishonest if he believes he had a legal right to deprive the other of the property

Answer 19

Robinson

Question 20

S2(1)(b) - D is not dishonest if the defendant believes that the owner would have consented if they were aware of the appropriation and its circumstances

Answer 20

Holden

Question 21

S2(1)(c) - D is not dishonest if D believes the owner cannot be found taking reasonable steps

Answer 21

Small

Question 22

If D cannot prove an exception must use

Answer 22

Ivey test

Question 23

Ivey test

Answer 23

a) decide what D believes the facts of the situation were
b) whether they felt his conduct was dishonest on those facts according to the ordinary standards of reasonable and honest people

Question 24

S2(2)

Answer 24

• D may still be dishonest even though he is willing to pay for the property

Question 25

6(1) intention to permanently deprive

Answer 25

Intending to treat the property as ones to deal with regardless of the owners rights

Question 26

Case where D had IPD

Answer 26

DPP v Lavender

Question 27

Case show it must be intention to permanently deprive, temporarily depriving does not count

Answer 27

R v Warner

Question 28

Even if D did intend to return the money he would of permanently deprived the ‘exact’ money from the safe

Answer 28

R v Velumyl

Question 29

S6(1) - when borrowing ends

Answer 29

When something has been kept for such time and circumstances that its outright taking

Question 30

When does... ...say something has been taken for such time/such circumstances? Means when Goodness, virtue and value have been reduced

Answer 30

R v Lloyd

Question 31

Conditional intent is not enough for commuting theft

Answer 31

R v Easom - intention to permanently deprive is based upon condition that V has something worth stealing