Theft

Question 1

define theft

Answer 1

dishonestly appropriating property belonging to another with the intention to permanently deprive the other of it

Question 2

what section and act does theft come from

Answer 2

s1 Theft Act 1968

Question 3

AR with sections

Answer 3

Appropriation (s3)
Property (s4)
Belonging to another (s5)

Question 4

MR with sections

Answer 4

Dishonestly (s2)
Intention to permanently deprive (s6)

Question 5

what is appropriation

Answer 5

‘any assumption of the rights of an owner’

Question 6

in what case was it appropriation when D assumed the right to sell

Answer 6

Pitham & Hehl

Question 7

what case stated that D doesn’t have to assume all the rights of the owner

Answer 7

Morris

Question 8

what case stated that appropriation includes forcibly tugging on a handbag, even though V doesn’t let go

Answer 8

Corcoran v Anderton

Question 9

what case stated appropriation can occur without consent of the owner

Answer 9

Lawrence

Question 10

what case confirmed Lawrence as both cases involved an element of deception

Answer 10

Gomez

Question 11

what case held that appropriation can occur even when owner has consented + there is no deception

Answer 11

Hinks

Question 12

can appropriation be where D acquires property lawfully but decides to keep it

Answer 12

yes

Question 13

5 examples of property

Answer 13

• money
• real property (only in limited circumstances - s4(2)
• personal property
• things in action
• other intangible property

Question 14

what case was property personal - dead bodies + body parts

Answer 14

Kelly & Lindsay

Question 15

what case stated that other intangible property can be e.g. patent but not confidential info.

Answer 15

Oxford v Moss

Question 16

what section states that picking wild mushrooms + fruit flowers is examples of property that cannot be stolen unless for reward/ sale

Answer 16

s4(3)

Question 17

what section states that wild creatures not ordinarily kept in captivity or untamed is an e.g. of property that cannot be stolen

Answer 17

s4(4)

Question 18

what does belonging to another (s5) mean

Answer 18

includes possession or control of property (doesn’t have to be lawful - Turner) or any proprietary interest

Question 19

can a person be in control of property even though he doesn’t know

Answer 19

yes

Question 20

in what case was the property belonging to another scrap metal in a disused site

Answer 20

Woodman

Question 21

what case stated that items still belong to the donor until possession of goods has been taken

Answer 21

Rickets v Basildon

Question 22

what case stated that property remains property of the householder until collected by authorised person + taken to tip - not abandoned

Answer 22

Williams v Phillips

Question 23

what section states that, where property has been given to be dealt with in a particular way (received under an obligation) and that is not done, there can be theft

Answer 23

s5(3)

Question 24

what case stated that money/ cheques given for a particular purpose, there must be a legal obligation to use proceeds for that purpose

Answer 24

Davidge v Bunnett

Question 25

in what case was there no obligation to deal with deposits in a particular way, but in.... there was such an obligation

Answer 25

Hall - no obligation Klineberg - obligation

Question 26

under what section, where you are given something by mistake + have a legal obligation to give it back, keeping it may be theft, as in ....

Answer 26

s5(4) As in AG's Ref (No.1 of 1983)

Question 27

dishonesty (s2) is not defined but s2(1) lists situations which would NOT be classed as dishonest - list these (3)

Answer 27

if D appropriates property in the belief that: a) he has in law the right to deprive the other of it, on behalf of himself or a third person or, b) he would have the others consent if they knew of the appropriation + circumstances of it or, c) the person to whom the property belongs can't be discovered by taking reasonable steps

Question 28

D's belief must be genuine, not correct or reasonable. In what case was d not guilty and why

Answer 28

Small - not guilty under s2(1)(a) because he genuinely believed the car he had taken was abandoned

Question 29

where the sections under s2(1) do not apply, which test must be used

Answer 29

the Ivey/ Barton test

Question 30

explain the 2 stage Ivey/ Barton test to decide if D is dishonest

Answer 30

1) D's actual knowledge/ belief as to the facts must be established (subjective - what did D believe?) 2) In light of D's actual knowledge/ belief as to the facts, was D's conduct dishonest by the standards of ordinary decent people?

Question 31

explain the intention to permanently deprive (s6)

Answer 31

if D treats property as his own to dispose of regardless of the other's rights that will amount to intention to permanently deprive

Question 32

what case confirmed that the disposal of property includes dealing with property - swapped doors on council property = treated as his own

Answer 32

Lavender

Question 33

the PoL in Lavender can be proven even if D intends to repay money he has taken (.............) , or where D destroys property belonging to another

Answer 33

Velumyl

Question 34

Borrowing is not theft unless....

Answer 34

for a period of time + in circumstances making it equivalent to outright taking or disposal

Question 35

in what case dis the courts say if 'the goodness, the virtue + the practical value had gone out of the article, that would be sufficient for s6'

Answer 35

Lloyd

Question 36

what case stated that a conditional intent to steal could result in a charge of attempting to steal

Answer 36

AG's Ref. (No.1&2 of 1979)

Question 37

what case stated that offering to sell V's property was treating it as his own

Answer 37

Raphael & Another