Theft

Question 1

What is the definition of theft according to THEFT ACT 1968 S.1?

Answer 1

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 2

What section of the Theft Act defines dishonesty?

Answer 2

S.2

Question 3

What section of the Theft Act defines appropriation?

Answer 3

S.3

Question 4

What section of the Theft Act defines property?

Answer 4

S.4

Question 5

What section of the Theft Act defines belonging to another?

Answer 5

S.5

Question 6

What section of the Theft Act defines intention to permanently deprive?

Answer 6

S.6

Question 7

What does MORRIS state?

Answer 7

An appropriation is an assumption of any of the rights of an owner. This means D only has to assume one right.

Question 8

List the rights of an owner as defined in the context of appropriation.

Answer 8

• Right of possession
• Right to lend or hire property
• Right to destroy property
• Right to consume property
• Right to dispose of property

Question 9

According to PITHAM AND HEHL, what is included in the rights of an owner?

Answer 9

Right to sell property.

Question 10

In S.3, under what condition can property that was acquired innocently be appropriated later?

Answer 10

If D keeps it or deals with it as if they were the owner.

Question 11

What does GOMEZ state?

Answer 11

An appropriation can occur even if the owner consented to D taking it. + An appropriation occurs as soon as one of the owner’s rights is assumed.

Question 12

What does HINKS state?

Answer 12

There can be an appropriation even if the owner has made a legal gift to D.

Question 13

What types of property does S.4(1) include?

Answer 13

• Money
• Real property
• Personal property
• Things in action
• Intangible property

Question 14

What is considered real property?

Answer 14

Land, plants, buildings.

Question 15

What is personal property?

Answer 15

All moveable items.

Question 16

What does ‘things in action’ refer to?

Answer 16

Rights which can be enforced against another person by court action.

Question 17

In what situations can real property be stolen in a domestic setting according to S.4(2)?

Answer 17

If D severs something from the land or if D is a tenant and removes something considered a fixture of the rented accommodation.

Question 18

When can picking mushrooms or flowers be theft according to S.4(3)?

Answer 18

If taken for sale or reward or other commercial purpose.

Question 19

What does S.4(1) KELLY AND LINDSAY state?

Answer 19

Dead bodies and body parts can be considered property if they have been treated in some way.

Question 20

What does S.4(4) state about wild creatures?

Answer 20

They are not personal property unless tamed or ordinarily kept in captivity.

Question 21

According to S.5(1), who is property regarded as belonging to?

Answer 21

Any person having possession or control of it or having in it any proprietary right or interest.

Question 22

What does TURNER state?

Answer 22

It is possible to steal your own property if it is in someone else’s possession or control and they have in it any proprietary interest.

Question 23

What does WOODMAN state?

Answer 23

It is possible to be in possession or control of property even without knowing it is there.

Question 24

What does S.5(3) DAVIDGE v BUNNETT state?

Answer 24

Where property is handed over to D by V and there is a legal obligation on D to keep it or deal with it in a particular way, then it is still regarded as belonging to V.

Question 25

What does S.5(4) ATTORNEY GENERALS REFERENCE state?

Answer 25

Where D receives property by mistake and there is a legal obligation to give it back then it still belongs to another.

Question 26

In what scenario does property not belong to another?

Answer 26

If it has been abandoned.

Question 27

What does S.1(2) state about dishonesty?

Answer 27

D can be dishonest even if he appropriates the property without a view to gain, the motive of D is irrelevant.

Question 28

What does S.2(2) state?

Answer 28

An appropriation of property may be dishonest even though D is willing to pay for the property, this prevents D taking what he likes regardless of Vs wishes.

Question 29

What situations under the 1968 Act are not considered dishonest.

Answer 29

S.2(1)(a) D believes he has a right in law to deprive the other of it. S.2(1)(b) D believes he would have consent if the other knew of the circumstances. S.2(1)(c) D believes the owner cannot be discovered by reasonable steps.

Question 30

What does SMALL state?

Answer 30

D's belief in the situations only has to be genuine, not reasonable.

Question 31

What is the test for dishonesty established in IVEY v GENTING CASINOS?

Answer 31

Bearing in mind what D knew or believed the facts to be, was D's conduct dishonest by the standards of ordinary decent people?

Question 32

What does VELUMYL state?

Answer 32

D will still have an intention to permanently deprive if he picks up property, then changes his mind and puts it back.

Question 33

What does S.6 DPP v LAVENDER state?

Answer 33

D will be regarded as having an intention to permanently deprive where although he does not mean V to permanently lose the property itself, D does have the intention to treat it as his own to dispose of regardless of Vs rights.

Question 34

What does S.6 LLOYD state?

Answer 34

Normally borrowing property is not theft, but it can be where it is in circumstances equivalent to an outright taking or disposal. If D returns it in such a changed state that all its goodness, virtue or practical value has gone.

Question 35

What does EASOM state?

Answer 35

Conditional intent is not sufficient for the men's rea of theft.

Question 36

What does HALL state in response to DAVIDGE v BUNNET?

Answer 36

There must be a legal obligation on D to deal with the property in a particular way.