Theft

Question 1

What section and act can theft be found in

Answer 1

S1 theft act 1968

Question 2

What is the definition of theft

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

What is the 5 part test we look at for theft

Answer 3

Dishonesty, appropriation, property, permanently depriving and belonging to another

Question 4

What 3 of the 5 part test in theft are actus reus

Answer 4

Appropriation, property and belonging to another

Question 5

What 2 of the 5 part test of theft are mens rea

Answer 5

Dishonesty and permanently depriving

Question 6

What is meant by the term appropriation in theft

Answer 6

Any assumption of the owners rights, this can mean D has taken their own rights too far or have treated an item as their own

Question 7

What case would you use for appropriation in theft

Answer 7

Morris

Question 8

What are some examples of what appropriation could be in theft

Answer 8

Take, sell, destroy, use, consume, lend, hire…

Question 9

What does appropriation say about later assumption in theft

Answer 9

Appropriation includes later assumption of a right where a person initially comes by the property without having stolen it

Question 10

What does appropriation say about consent

Answer 10

There can be an appropriation even where the owner consents to it if that consent is obtained by deception

Question 11

What case would you use for consent in appropriation

Answer 11

Lawrence

Question 12

What section of the theft act does appropriation fall

Answer 12

under S3(1)

Question 13

What is the definition of property in theft

Answer 13

Property includes money, real property and personal property including things in action and other intangible property

Question 14

What case would you use for ropery in theft

Answer 14

Kohn

Question 15

What section does property fall under in theft

Answer 15

S4(1)

Question 16

What does S4(3) say about property in theft

Answer 16

Wild plants are not property unless taken for reward or sale

Question 17

What case would we use for stating that confidential information isn’t theft

Answer 17

Oxford v Moss

Question 18

What is the definition of belonging to another in theft

Answer 18

Means possession, control, or proprietary interest lays with that person

Question 19

What case would you use for belonging to another in theft

Answer 19

Turner

Question 20

What section of the theft act does belonging to another fall into

Answer 20

S5(1)

Question 21

What does belonging to another say regarding another person having property given to them by another for a particular use

Answer 21

Where a person receives property from another and is under an obligation to retain and deal with that property or its
proceeds in a particular way, the property/proceeds belongs to another

Question 22

What is the section for someone else being in control of an item you have as they have given it you for a particular use

Answer 22

S5(3)

Question 23

What case would you use for someone else being in control of an item you have as they have given it you for a particular use

Answer 23

Wain

Question 24

What does belonging to another state about receiving something by mistake

Answer 24

Property received by mistake belongs to
another where D has an obligation to make restoration

Question 25

What section does receiving something by mistake fall under in theft

Answer 25

S5(4)

Question 26

Wat case would you use for receiving something by mistake in theft

Answer 26

AGs ref 1

Question 27

What section of theft does dishonesty fall under

Answer 27

S2(1)

Question 28

What does the theft act state about a D not being dishonest

Answer 28

The D is not dishonest if he believes he has a legal right to appropriate the property, the owner would consent or the real owner could not be discovered if reasonable steps were taken

Question 29

What case would you use for dishonesty

Answer 29

Holden

Question 30

What case set out the test for dishonesty of theft if the Ds actions were not believed to be dishonest

Answer 30

Barton and booth

Question 31

What test is used to decide if someone is dishonest under theft

Answer 31

What was the Ds actual state of knowledge or belief as to the facts and was his conduct dishonest by the standard of an ordinary person

Question 32

What section does intention to permanently deprive fall under

Answer 32

S6(1)

Question 33

What is the definition of intention to permanently deprive in theft

Answer 33

Intention to treat the property as his own or to dispose of regardless of the owners rights

Question 34

What case would you use for intention to permanently deprive in theft

Answer 34

Velumyl

Question 35

What does S6(1) also state about intention to permanently deprive in theft

Answer 35

borrowing/lending property for a period in some circumstances can also be equivalent to outright taking or disposal

Question 36

What case would you use that says borrowing/ lending property for a period of time is the equivalent to taking or disposal

Answer 36

Lloyd

Question 37

What happens if you loose value of an item even if you return it in theft

Answer 37

It will still be classed as theft

Question 38

What case would you use that states loosing value of a property is the same as theft

Answer 38

DPP v J and others