theft

Question 1

what statute is theft found under

Answer 1

theft act 1968

Question 2

what section states the deffnition of theft

Answer 2

s1

Question 3

what is the deffnition of theft

Answer 3

the appropriation of property belonging to another dishonestly with the intention to perminatly deprive

Question 4

what type of offence is theft

Answer 4

triable-either-way

Question 5

what is the actus reus of theft

Answer 5

apropriation
property
belonging to another

Question 6

what is the mens rea of theft

Answer 6

dishonsetly
with the intention to permnatly deprive

Question 7

what section states apropriation

Answer 7

s3

Question 8

what is the defnition of apropriation

Answer 8

taking, using or asuming any of the owners rights that do not belong to you

Question 9

give cases for apropriation

Answer 9

R v Pitham and Hehl
R v Morris

Question 10

what is said about concent and apropriation

Answer 10

apropriation can happen even with concent

Question 11

give cases for concent and apropriation

Answer 11

Lawrence v MPC
R v Gomez

Question 12

what is said about gifts and apropriation

Answer 12

gifts can lead to apropriation

Question 13

give a case for gifts and apropriation

Answer 13

R v Hinks

Question 14

how many times can apropriation happen

Answer 14

once
only once theft

Question 15

give a case for paropriation only happens once

Answer 15

Atahpu and Abrahams

Question 16

what is Bona fide purchaser in good faith

Answer 16

someone who purchaces stolen property in good faith and are not guilty of theft

Question 17

what section says about property

Answer 17

S4

Question 18

what does the statute state property is

Answer 18

‘money and all other property, real or personal including things in action and other intangable property’

Question 19

what are the diffrent types of property

Answer 19

money-cash
real property-land
personal property-movable
things in action-enforcable rights
intangable-no physical presents

Question 20

in what circumstances can real property be stolen

Answer 20

a trustee takes them in breach of their duty
someone severs part of the land
a tennet takes a fixture

Question 21

what are some examples of personal property

Answer 21

hair R v Herbert

Question 22

when are bodys property + case

Answer 22

when they are given eg to a hospital
R v Kelly and lindsey

Question 23

what things cannot be stolen

Answer 23

wild growing stuff
wild creatures
confidential information
foragables

Question 24

when are foragables stolen

Answer 24

if they are for reward
sale
or commercial perpouse

Question 25

give a case for confidential information

Answer 25

Oxford v Moss

Question 26

what section covers belonging to another

Answer 26

S5

Question 27

what is the deffnition of belonging to another

Answer 27

'property shall be regarded as belonging to any person having possesion or controll of or having proprity intrest'

Question 28

what is the person to a property

Answer 28

owner possesion controll

Question 29

give a case for proprity intrest

Answer 29

R v Turner

Question 30

who does the property bleong to if the owner loses it

Answer 30

the owner

Question 31

give a case for the property still belonging to the owner

Answer 31

R v Basildon magistrates court

Question 32

can a d be guilty of stealing even if they own it if another has a propritary interest (case)

Answer 32

yes R v Webster

Question 33

how must the defendant deal with the property if they recieve it under obligation

Answer 33

in the particular way they are told or keep it themselves

Question 34

give a case of property recieved under obligation

Answer 34

Davidge V Bennett

Question 35

what must the defendant do if they recieve property by mistake

Answer 35

return it under legal obligation

Question 36

give a case for property reciieved by mistake

Answer 36

Attorny Genrals refrence

Question 37

what section covers dishonesty

Answer 37

S2

Question 38

why is dishonesty important

Answer 38

the ar can cover many transactions but dishonesty makes it the theft

Question 39

what section covers the 3 examples of what is not dishonest

Answer 39

S2(1)

Question 40

what are the 3 examples of what is not dishonest

Answer 40

-d is legaly entitled to take the property -the owner would agree to d taking the property if they knew -the owner could not be found after taking reasonable steps

Question 41

what kind of test is the 3 examples given of what is not dishonest

Answer 41

subjective as the belief need not be reasonable

Question 42

give 2 case examples of the 3 examples given which are not dishonesty

Answer 42

R v Holden - 1st exeption R v Robinson- 1st exeption R v Small - 1st and 3rd exeption

Question 43

from what cases does the test for dishonesty come from

Answer 43

created in Ivey v genting casinos confirmed in R v Burton + Booth

Question 44

what are the 2 parts of the Ivey test

Answer 44

what was D actual state of knowledge or belief as to the facts? was D conduct dishonest by the standards of ordinary decent people?

Question 45

If D genuinely believes that any of the exeptions set our apply will they be dishonest

Answer 45

no

Question 46

whta section covers the intention to perminatly deprive

Answer 46

S6

Question 47

what are the 2 examples the statute gives of what would be conciderd IPD

Answer 47

-d intends to treat the property of their own to dispose of without the rights of the owner -where borrowing or lending is equivalent to an outright take or disposal

Question 48

give 2 case examples of where the d treats the property as his own

Answer 48

DPP v Lavender R v Marshall, Combes + Eren

Question 49

give a case example of the d borrowing the property

Answer 49

R v Lloyd, Bhuee and Ali

Question 50

give a case showing conditional IPD

Answer 50

R v Easam

Question 51

give an example of conditional IPD

Answer 51

looking through a handbag to see if there is anything to steal, not stealing anyting and returing the handbag