theft

Question 1

where is theft defined?

Answer 1

Theft Act 1968 s1(1)

Question 2

what is the definition of theft?

Answer 2

if d dishonestly appropriates property belonging to another with the intention to permenently deprive the other of it

Question 3

what is the actus reus of theft?

Answer 3

-appropriation
-property
-belonging to another

Question 4

where is appropriation defined?

Answer 4

s3(1)

Question 4

what is appropriation defined as?

Answer 4

any assumption by a person of the rights of the owner

Question 5

what is the main case for appropriation?

Answer 5

R v Morris

Question 6

what does R v Morris say?

Answer 6

only 1 of the rights of an owner need to be assumed

Question 7

what does Pitham and Hehl say?

Answer 7

appropriation can be assuming the right to offer property for sale

Question 8

what does Lawrence v MPC say?

Answer 8

even if the v consents there can still be appropriation

Question 9

what does R v Gomez set out?

Answer 9

that appropriation happens at a moment in time - when d assumes the rights of an owner

Question 10

what does s3(1) also state?

Answer 10

where d initially comes across property innocently but later assumes a right by keeping/dealing with property as if the owner

Question 11

where is property defined?

Answer 11

s4(1)

Question 12

what 5 things does s4(1) define property as?

Answer 12

-money
-all other property
-real or personal
-things in action
-intangible property

Question 13

where can we find the exceptions to the rule that land cannot be stolen?

Answer 13

s4(2)

Question 14

what are the exceptions found in s4(2)?

Answer 14

-someone who severs anything that is part of the land from the land
-a tenant takes a fixture or structure from the land let to him
-some legally entrusted to look after the land abuses his power

Question 15

what case shows that bodily fluids can be stolen?

Answer 15

R v Welsh

Question 16

what case shows that corpses generally cannot be stolen?

Answer 16

R v Kelly & Lindsay

Question 17

what case shows that information/knowledge does not count as property?

Answer 17

Oxford v Moss

Question 18

what case shows that exam papers themselves are considered personal property?

Answer 18

R v Akbar

Question 19

what section is belonging to another defined in?

Answer 19

s5(1)

Question 20

what does s5(1) define belonging to another as?

Answer 20

includes anyone with possession or control of the property or with a proprietary right/interest in property

Question 21

what case shows that property can belong to more than one person?

Answer 21

R v Turner

Question 22

what case talks about the previous owners interest?

Answer 22

Rickets v Basildon Magistrates - the original owner still has proprietary interest in the property until their intention is fulfilled

Question 23

what does s5(3) say about legal obligations?

Answer 23

that if property s received under a legal obligation to deal with it under a specific way, then it must be used in that way otherwise it is theft

Question 24

what is the case for when property is given by mistake?

Answer 24

AG Ref(No 1 of 1983)

Question 25

what does AG Ref (No 1 of 1983) say?

Answer 25

that if property is received by mistake, then d is under a legal obligation to return it

Question 26

where is dishonesty defined?

Answer 26

s2(1)

Question 27

what situations does s2(1) give that are not dishonest?

Answer 27

-s2(1)(a) - the d believes they have a legal right to the property - R v Robinson -s2(1)(b) - the d believed that the owner would consent if they were aware of the situation - R v Holden -s2(1)(c) - d believed that the owner would not be able to be found even when taking the reasonable steps - R v Small

Question 28

what does s2(2) say?

Answer 28

that d may still be dishonest if he is willing to pay for the property

Question 29

what is the Ivey test?

Answer 29

-what did d believe the facts of the situation to be -whether d's conduct was dishonest, on those facts, according to the ordinary standards of reasonable and honest people

Question 30

what case says that the Ivey test applies to criminal cases too?

Answer 30

R v Barton and Booth

Question 31

what section defines intention to permanently deprive?

Answer 31

s6(1)

Question 32

what does s6(1) define intention to permanently deprive as?

Answer 32

intending to treat the property as ones own to dispose of regardless of the owners rights

Question 33

what is the main case for intention to permanently deprive?

Answer 33

DPP v Lavender

Question 34

what does s6(1) also define borrowing as?

Answer 34

borrowing can amount to an intent to permanently deprive if property is kept for such time and in such circumstances that make it equivalent to outright taking/disposal

Question 35

what does R v Lloyd say?

Answer 35

borrowing can amount to intention to permanently deprive if the goodness virtue and value have been removed

Question 36

what does R v Velumyl say?

Answer 36

unless you give back that exact property it is permanently depriving

Question 37

what is conditional intent and what is the case for it?

Answer 37

-where d is willing to steal but has. not yet decided -R v Easom -not enough to amount to theft