Theft

Question 1

What could the D be charged with?

Answer 1

Theft

Question 2

What section defines theft?

Answer 2

Section 1 theft act 1968

Question 3

What’s the definition of theft?

Answer 3

The dishonest appropriation of property belonging to another, with the intention to permanently deprive.

Question 4

What’s stage 1?

Answer 4

Stage 1 - Appropriation - section 3 defines appropriation as “assuming the rights of an owner”

Question 5

What’s the key law and what does it say?

Answer 5

Key law - Morris - any assumption is enough

Question 6

What does the case Gomez say?

Answer 6

The appropriation must be dishonest

Question 7

What’s the first side rule?

Answer 7

If D gets the property but then decides to keep it - this is a theft

Question 8

What’s the section for the first side rule?

Answer 8

Section 3(1)

Question 9

What’s the second side rule and what does it mean?

Answer 9

Consent - If the D had consent to take the property - this is still an appropriation

Question 10

What’s the case for the second side rule?

Answer 10

Lawrence

Question 11

What’s the third side rule and what does it mean?

Answer 11

Gifts - you appropriate property even if you receive it as a gift

Question 12

What’s the case for the third side rule?

Answer 12

Hinks

Question 13

What’s stage 2?

Answer 13

Property must be stolen

Question 14

What’s the key law?

Answer 14

Under section 4 theft act 1968, only four types of property can be stolen

Question 15

What’s the four properties that can be stolen?

Answer 15

• Money
• Personal (wallets,phone,cars)
• Intangible (things that cannot be touched - stocks and shares)
• Real property (land and buildings)

Question 16

What are three properties that cannot be stolen?

Answer 16

• Knowledge - (Oxford v Moss)
• Wild plants and animals
• Electricity

Question 17

What’s stage 3?

Answer 17

The property must belong to another

Question 18

What does section 5(1) say?

Answer 18

The property belongs to another if they possession or control over it, or a right or interest in it.

Question 19

What’s the first side rule and what does it mean?

Answer 19

Stealing your own property - if someone else has a right or interest in your property, you can steal your own property.

Question 20

What’s the case for the side rule - stealing your own property?

Answer 20

Turner

Question 21

What’s the side rule - lost property mean?

Answer 21

The original owner still has a right or interest in it

Question 22

What’s the case for lost property?

Answer 22

Section 5(1)

Question 23

What’s the third side rule and what does it mean?

Answer 23

Abandoned property - The owner must have the intention to abandon property

Question 24

What’s the case for the side rule - abandoned property?

Answer 24

Basildon

Question 25

What does money for particular purpose mean and what section is used for it?

Answer 25

You must use the money for the purpose intended - section 5(3)

Question 26

What’s the case for money for particular purpose?

Answer 26

Davidge v Bennett

Question 27

What’s does the side rule - receiving money by mistake mean and what section is relevant?

Answer 27

You are under no obligation to return the money - section 5(4)

Question 28

What’s the case for the receiving the money by mistake?

Answer 28

AG’s Ref

Question 29

What’s stage 4?

Answer 29

Dishonesty - no legal definition of dishonesty. If D falls into any of the three negatives they are not dishonest

Question 30

What’s the first negative and what section is applied?

Answer 30

S.2 (1) (A) - D believes they have a right in law to the property

Question 31

What’s the second negative and what section is applied?

Answer 31

S.2 (1) (B) D believes the owner would have consented to the taking

Question 32

What’s the third negative and what section is applied?

Answer 32

S.2 (1) (C) D believes the owner cannot be discovered by taking reasonable steps.

Question 33

If the three negatives do not apply what should you apply and add the case?

Answer 33

You should apply the dishonesty test which is confirmed in Ivey and Booth

Question 34

What is the question for the dishonesty test?

Answer 34

Was the D dishonest by the standards of an honest and reasonable person?

Question 35

What’s stage 5 and what section is relevant?

Answer 35

Intention to permanently deprive - section 6(1)

Question 36

What does section 6(1) mean?

Answer 36

The d intends to continue to treat the property as if it is their own, regardless of the owners rights

Question 37

What’s the side rule - replace mean?

Answer 37

Even if you intended to replace the property, you still have the Iberian to permanently deprive.

Question 38

What’s the case for replace?

Answer 38

Velumyll

Question 39

What’s the second side rule and what does it mean?

Answer 39

Borrow - if you give the property back, but you have taken the “goodness, virtue and value” this is the intention to permanently deprive.

Question 40

What’s the case for borrow?

Answer 40

Lloyd

Question 41

What does the side rule - conditional intent mean?

Answer 41

If you only intent to steal if there is something worth stealing, this is not an intention to permanently deprive

Question 42

What’s the case for conditional intent?

Answer 42

Easom