Theft

Question 1

In what statuary secion is theft found?

Answer 1

s1 Theft Act 1968

Question 2

Definition

Answer 2

‘a person is guilty of theft is he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’

Question 3

s3 Appropriation
Pitham and Hehl

Answer 3

an assumption of the rights of the owner

Question 4

Morris

Answer 4

only one of the rights needs to be assumed

Question 5

Consent to appropriation can still be appropriation
Lawrence
Gomez
Hinks

Answer 5

-consented to right amount of money not more
-consent not genuine
-defendant took gifts dishonestly

Question 6

s3(1)

Answer 6

D acquires property without stealing it, but then later decided to treat the property as their own.
later assumption of the rights is still appropriation

Question 7

s4 Property
s4(1)

Answer 7

property include money and all other real property, things in action and other intangible property

Question 8

Kelly and Lindsay

Answer 8

body parts can amount to property if they had a medical purpose

Question 9

Real property
s4(2)(a)
s4(2)(b)
s4(2)(c)

Answer 9

-trustee or personal representative takes land in breach of duty as trustee or personal representative.
-someone not in possession of the land severs anything forming part of it
-a tenant takes a fixture of structure from the land let to him

Question 10

Oxford v Moss
s4(3)
s4(4)

Answer 10

-knowledge is not property
- can take wild plants unless doing it for reward sale or other commercial uses
- can take wild creatures not tamed or kept captive

Question 11

s13 Electricity

Answer 11

can be liable for stealing electricity when its being dishonestly caused to be wasted or diverted

Question 12

s5 Belonging to Another
s5(1)

Answer 12

‘property shall be regarded as belonging to any person having possession or control of it, or having it any propriety right or interest’

Question 13

Turner No2 1971

Answer 13

possession/control
can be guilty of stealing your own property

Question 14

R v Woodman

Answer 14

can still be liable for theft even if the owner did not know the property was theirs

Question 15

Hibbert and McKiernan
R v Basildon M.C

Answer 15

-stealing lost items is still theft
-took bags outside charity shop claiming them to be abandoned but were not
not theft to take abandoned items

Question 16

Webster 2006

Answer 16

propriety interest, an interest in property whether you are the owner or not

Question 17

s5(3)

Answer 17

-property received under an obligation must be an obligation to deal with it in a particular way

Question 18

Davidge v Bunnett
R v Hall
Klineberg and Marsden
Wain

Answer 18

-spent money meant for bills on christmas presents
-travel agent received deposits for clients but never organised the trips
-money should have been held in a trust
-keeps money meant to be given to charity

Question 19

s5(4)
Case

Answer 19

-if D acquires property mistakenly they have an obligation to make restoration of the property of its proceedings of the value
-A G Reference No1 1983

Question 20

s2 Dishonesty
s2(1) not regarded as dishonest of he appropriated the property in the belief that:
(a) (and cases for all three)
(b)
(c)

Answer 20

(a) in law the right to deprive the ther of the property- Robinson/Small
(b) owners consent to take the property- Holden
(c) owner of property cannot be discovered by taking reasonable steps- Small

Question 21

s2(2)

Answer 21

a person’s appropriation of property belonging to another may be dishonest even if he is willing to pay for the property without the owner’s consent

Question 22

Ivey v Genting Casinos
Supported by which case?

Answer 22

a) what was the defendants actul state o knowledge or belief of the facts; and
b) was his conduct dishonest by the standards of ordinary decent people
- Barton and Booth

Question 23

s6

Answer 23

Intention to permanently deprive

Question 24

Intent to treat property as their own

Answer 24

Zerei
Velumyl
Lavender
Marshall

Question 25

borrowing or lending which is equivalent to an outright taking of disposal
Lloyd

Answer 25

-Raphael and Another
Velumyl
-only whne the goodness, virtue or practicl value has gone will it be an intention to permanently deprive

Question 26

Conditional intent
EASOM

Answer 26

needs to be a specific item in mind to intent to deprive