Theft

Question 1

What type of offence is theft?

Answer 1

triable either way

Question 2

what is the maximum sentence fir theft

Answer 2

7 years imprisonmemt

Question 3

What section is the Theft Act 1968 defined under?

Answer 3

s1(1)

Question 3

Define theft

Answer 3

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 4

A person has to actually get away with the property to be considered as theft - T/F?

Answer 4

FALSE - don’t have to get away with property to be charged

Question 5

What section is appropiation defined under

Answer 5

s3(1)

Question 6

what section is property defined under

Answer 6

s4(1)

Question 6

What section is dishonesty defined under

Answer 6

s2(1)

Question 7

What does s5(1) provide?

Answer 7

property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest

Question 8

What section is belonging to another under?

Answer 8

s5(1)

Question 9

What is under s6(1)?

Answer 9

intention of permanently depriving the other of it

Question 10

What does it mean to assume the rights of the owner?

Answer 10

taking over the possession

Question 10

(appropriation) R v Morris legal principle?

Answer 10

only one right needs to be assumed for appropriation to occur

Question 11

when does appropriation occur

Answer 11

when D assumes the right of the owner dishonestly

Question 12

Appropriation can take place even though the V consents. Case?

Answer 12

Lawrence v MPC - V spoke little english, journey shouldve costed 50p, V opened wallet for the taxi driver (D) to help himself to the correct amount of payment, D helped himself to more money than he shouldve

Question 13

2 other ways appropriation can occur (apart from assuming right of owner dishonestly)

Answer 13

• Even if V consents
• Acquires property in the form of a gift

Question 14

Expand on the case of R v Hinks - why was it appropriation if it was acquired as a gift?

Answer 14

The gift of £60,000 & TV set was appropriated by being dishonestly accepted, older man of limited intelligence taken advantage of/manipulated

Question 15

Define property

Answer 15

money and all other property, real or personal, including things in action and other tangible property

Question 16

What does Property not include? What case shows this?

Answer 16

does not include confidential information (e.g knowledge) (Oxford v Moss)

Question 17

What cases shows that appropriation can take place even though the V consents

Answer 17

Lawrence v MPC
R v Gomez

Question 18

Expand on the case of Oxford v Moss

Answer 18

D was found not guilty as the confidential info of the exam papers he acquired did not amount to intangible property, you cannot be liable for theft for knowledge

Question 19

How may D have been liable in Oxford v Moss?

Answer 19

if he photocopied/printed the question and used that to cheat

Question 20

what does s4(2) say about stealing land?

Answer 20

a person cannot steal land or things forming part of land and severed from it by him or by his directors

Question 21

s4(1) says land can be stolen, but s_(_) says land can only be stolen under under certain circumstances - what sections?

Answer 21

s4(2)

a. when he is a trustee in breach of confidence

b. when not in possession, appropriating it by severing it or appropriating something previously severed

c. when in possession under tenancy, appropriating the whole or part of any fixture let to be used with the land

Question 22

what does it mean to be a trustee in breach of confidence?

Answer 22

Trustee - authorised to sell land only for the benefit of the beneficiary (V) in breach: • sells land to family/friend for cheaper • sells it to themselves for cheaper (eg to their own company) —> appropriated land dishonestly because they’ve dealt with land in breach of their authority

Question 23

for s4(2)(b) provide examples of things that can be theft if severed

Answer 23

- dig up turves from someone’s lawn - dismantle wall + take bricks

Question 24

What can not be stolen from land under s4(3)?

Answer 24

mushrooms and plants growing wild

Question 25

when can it become theft if someone takes wild plants off land?

Answer 25

unless its for “reward or sale of other commercial purpose”

Question 26

what does s4(4) say about wild creatures ?

Answer 26

wild creatures cannot be stolen unless they’ve been tamed/kept in captivity

Question 27

list all types of property

Answer 27

TANGIBLE: Money. real/personal property INTANGIBLE: Things in action, intangible property

Question 28

Define appropriation

Answer 28

any assumption by a person of the rights of an owner amounts to an appropriation

Question 29

What does R v Turner (No.2) include the possibility of

Answer 29

Includes the possibility of steeling property that is your own

Question 30

Expand on the case of R v Turner (No.2)

Answer 30

Garage were in possession of D’s car at the time as D did not pay them for the repair, so they had proprietary interest

Question 31

what does s5(3) provide?

Answer 31

if property has been received and he is under an obligation to deal with it in a particular way but uses it for her own purposes, he will be guilty of theft

Question 32

s5(3) : What happened in R v Hall

Answer 32

D was found not guilty - V had not communicated instructions to him, so he wasnt under an obligation to deal with the deposits in a particular way

Question 33

What does s5(4) provide if property is obtained by mistake ? “He is under an obligation to…”

Answer 33

If property is obtained by mistakes, s5(4) provides that he is under an obligation to restore the property to its rightful owner, if he fails to do this, he will be classed as intending to deprive the other of it”

Question 34

key case for property recieved by mistake & expand

Answer 34

A-G Ref No1 of 1983 - D received an overpayment of wages, she recognised it and didn’t withdraw any of it, but she didn’t return the money so she was convicted of theft

Question 35

What are the three examples that show when D will not be acting dishonestly sectioned under?

Answer 35

s2(1)(a): belief that he has a **right in law to deprive the owner of it** s2(1)(b): takes property believing the **owner would consent if he knew** s2(1)(c): appropriates property belonging to another believing that the **person to whom it belongs to cannot be discovered by taking reasonable steps**

Question 36

Key case and main facts for s2(1)(a)?

Answer 36

R v Robinson D was owed £7 by V’s wife. V’s husband dropped £5 and D kept it - conviction for robbery quashed as there was no theft —> had honest belief he was entitled to the money

Question 37

key case and main facts for s2(1)(b)

Answer 37

R v Holden D claimed other people had taken tyres without permission when he was charged with theft for doing the same. - Not guilty as the test is subjective, he genuinely held the belief that he had the legal right of the property & that V (Kiwk Fit) would have consented

Question 38

key case + main facts for s2(1)(c)

Answer 38

R v Small D took a car he believed to be abandoned as it had been left for 2 weeks in the same place - unlocked with keys left in ignition, no petrol in tank, flat tyres - not guilty - question to consider was whether D had honest belief that owner couldn’t be found

Question 39

what is under s2(2)?

Answer 39

even if the D is willing to pay/leaves money for the property, it is STILL dishonest (e.g takes property then offers to pay for it (realisation) /takes property & leaves money = dishonest

Question 40

what happens is no sections under dishonesty apply?

Answer 40

the courts must apply the common law test from the case of R v Ghosh

Question 41

What did CoA confirm in the case of R v Barton & Booth (2020) (dishonesty)

Answer 41

R v Barton & Booth 2020 CoA confirmed the test for dishonesty is purely an objective one.

Question 42

What to apply from R v Barton & Booth is no sections apply under dishonesty

Answer 42

Whether a reasonable honest person (member of public) would consider D’s act dishonest (if they take/use property without permission)

Question 43

s6(1) TA 1968 provides that D will have the intention to permanently deprive the other if “his intention is to ___ the thing as ___ ___ or to ___ of _____ of the ____ rights

Answer 43

treat his own dispose regardless other’s

Question 44

What is another way of borrowing property can be classed as intention to permanently deprive the owner?

Answer 44

If D borrows property for a period of time which makes it equivalent to an outright taking/disposal

Question 45

what will NOT amount to intention to permanently deprive the owner? What case shows this?

Answer 45

if D borrows property but returns it with all its “goodness, virtue and practical value” R v Lloyd

Question 46

What is the key case for s6(1) & facts

Answer 46

R v Velumyl D took bank notes out of safe. Claimed his friend owed him money & he would replace this money once he’s repaid -> still guikty of theft as he has ITPD the company of its bank notes