Theft

Question 1

What does s.2 (1) (a) state regarding dishonesty?

Answer 1

Not dishonest if D believes they are right in law to deprive the other of it

Refers to the legal principle that a defendant (D) may not be considered dishonest if they genuinely believe their actions are lawful.

Question 2

Under what condition does s.2 (1) (b) indicate that an action is not dishonest?

Answer 2

Not dishonest if the other’s consent is given, provided they knew

This provision implies that if the victim is aware and consents, the action cannot be deemed dishonest.

Question 3

What does s.2 (1) (c) specify about dishonesty?

Answer 3

Not dishonest if the person to whom the property belongs cannot be discovered by taking reasonable steps

This clause highlights that if reasonable efforts to identify the owner fail, dishonesty is not established.

Question 4

What type of test is applied to determine if a belief is honestly held?

Answer 4

Subjective test

This test focuses on the defendant’s personal belief rather than on what a reasonable person would believe.

Question 5

What is the key issue in determining dishonesty according to the subjective test?

Answer 5

Whether the belief is honestly held

The emphasis is on the defendant’s genuine belief rather than its reasonableness.

Question 6

What is the current test for dishonesty following Ivey v Genting Casinos (2017)?

Answer 6

The test is now wholly objective

This marks a shift from a subjective to an objective standard in assessing dishonesty.

Question 7

What was confirmed in R v Barton and Booth (2020) regarding the test for dishonesty?

Answer 7

The test is whether the defendant’s conduct was dishonest by the standards of ordinary decent people

This establishes a societal standard for evaluating dishonesty.

Question 10

What is the definition of ‘Appropriation’ according to S.2?

Answer 10

‘any assumption by a person of the rights of an owner’

This definition is broad and encompasses various actions regarding property.

Question 11

What actions are included under appropriation?

Answer 11

• Selling
• Renting
• Destroying property
• Swapping price labels (Morris)

These actions indicate a person’s assumption of ownership rights.

Question 12

Can appropriation occur with the owner’s consent?

Answer 12

Yes, appropriation can occur even where the owner consents or gifts the property (Hinks)

This highlights that consent does not negate the act of appropriation.

Question 13

What occurs if property is acquired innocently?

Answer 13

An appropriation can still take place if the defendant ‘keeps’ or ‘deals with’ the property

This emphasizes that the nature of acquisition does not necessarily prevent appropriation.

Question 15

What does S.4(1) include regarding property?

Answer 15

Money and all other property, real or personal, including things in action and other intangible property.

This definition encompasses a broad range of assets.

Question 16

What is defined as ‘real’ property?

Answer 16

Land.

Real property refers specifically to land and anything permanently attached to it.

Question 17

What is considered ‘personal’ property?

Answer 17

Anything else that is not real property.

Personal property includes movable items and intangible assets.

Question 18

Define ‘tangible’ property.

Answer 18

Property that can be touched.

Examples include physical assets like furniture and vehicles.

Question 19

Define ‘intangible’ property.

Answer 19

Property that cannot be touched, such as a bank balance.

Intangible assets include intellectual property and financial instruments.

Question 21

What does S.5(1) state regarding possession or control?

Answer 21

‘possession or control…or…having in it any proprietary right or interest…’

This means that one can still claim ownership or rights over property even if it is in the hands of another.

Question 22

Can you steal your own property?

Answer 22

Yes, if it is under someone else’s possession or control (Turner)

This legal principle allows individuals to reclaim their own property even when it is wrongfully held by others.

Question 23

What does S.5(3) refer to in the context of property?

Answer 23

Obligation to deal with property ‘in a particular way.’

This principle indicates that property or proceeds must be treated as belonging to another, as established in Davidge v Bunnett.

Question 24

What does S.5(4) state about property received by mistake?

Answer 24

Property treated as belonging to another (A-G’s Reference (No 1 of 1983))

This means that if property is received by mistake, the recipient has a duty to return it.

Question 25

What is the legal status of lost property?

Answer 25

Owner still retains proprietary interest in it. ## Footnote Even if lost, the original owner maintains rights over the property until it is claimed or abandoned.

Question 26

What defines abandoned property?

Answer 26

Must be wilful/ owner must be completely indifferent as to what happens to property (Ricketts v Basildon Magistrates) ## Footnote Abandonment requires a clear intention by the owner to relinquish all rights.

Question 27

What may happen to abandoned property according to the court?

Answer 27

Ownership may pass to the owner of the land on which it was abandoned. ## Footnote Courts can determine that abandoned property becomes the possession of the landowner under certain circumstances.

Question 28

What does 'Intention to Permanently Deprive' (ITPD) mean?

Answer 28

An intention to treat the property as his own to dispose of regardless of the other’s rights ## Footnote Reference from Velumyl

Question 29

What is the 'Ransom Principle' in relation to ITPD?

Answer 29

Taking property and demanding money for its return counts as an ITPD ## Footnote Reference from Raphael

Question 30

What does S.6(1) cover?

Answer 30

Situations where the property is borrowed ‘for a period and in circumstances making it equivalent to an outright taking or disposal’

Question 31

Under what condition does borrowing amount to outright taking?

Answer 31

When the property is returned in such a changed state that all its ‘goodness and virtue’ are gone ## Footnote Reference from Lloyd

Question 32

Theft summary template

Answer 32

1 - Appropriation s3(1) 2 - Property s4(1) 3 - Belonging to another s5(1) 4 - APPLY ALL ABOVE - AR 5 - Dishonest s2(1a)(1b)(1c) 6 - ITPD s6 7 - 7 years imprisonment

Question 33

Theft full A01 Template

Answer 33

The AR of theft is the appropriation of property belonging to another. Under s3(1), appropriation is defined as any assumption by a person of the rights of an owner, and includes selling, renting or even destroying property. According to Hinks, an appropriation can take place even where the owner consents/gifts the property. Equally, there can be an appropriation where property is acquired innocently, if D keeps or deals with it. The word property is defined in s4(1) to include money and all other property, real and personal, including things in action and other intangible property. Following Oxford v Moss, confidential information/knowledge is not property. s5(1) defines belonging to another as having possession or control, or having it in any proprietary right or interest. It is possible to steal your own property if it is under someone else's possession or control. Looking at MR, s2 only provides a partial negative definition. A person is not dishonest if they believe they have a legal right to property (s2(1a - Small), they honestly believe the owner would consent to the taking (s2(1b) or they honestly believe the owner cannot be found having taken reasonable steps (s2(1c). If D doesnt fit into one of these categories, juries will be asked to consider whether Ds act was dishonest by the ordinary standards of reasonable people (Barton and Booth). s6 deals with the intention to permanently deprive, and this means an intention to take forever or for a period equivalent to outright taking. The defendent intends to treat the property as his own to dispose of regardless of the others rights (Velumyl) If convicted, he faces up to 7 years imprisonment.