Theft

Question 1

Definition, section and act

Answer 1

S.1 Theft act dishonest appropriation of property belonging to another with ITPD

Question 2

appropriation meaning and Section

Answer 2

S.3(1) - any assia prion of the rights of the owner

Question 3

Lawrence

Answer 3

consent irrelevant

Question 4

morris v DPP

Answer 4

one right needed and often an unauthorised act (Roskil)

Question 5

Gomez

Answer 5

faulty cheque case and ran off with goods

removal from shelves was appropriation and authorisation was irrelevant

Question 7

R v Hinks

Answer 7

no deception and is consent but was theft even though was gift

(due to fragility of V?)

criminal float free from civil

Beatson and Simister in response said every act coukd fulfil AR

Question 8

R v Darroux

Answer 8

charity time sheet pay case

no appropriation as middle man jusy deception

Question 9

R v Briggs

Answer 9

appropriation included physical act

Question 10

R v Atakpu

Answer 10

appropriation continues for so long as thief sensibly regarded as in act or on job

Question 11

R v Pitham and Hehl

Answer 11

offer to sell was appropriation

Question 12

S.3(2)

Answer 12

if bought stolen good and exercises right over it cannot be thief if bought in good faith

Question 13

Property definition

Answer 13

S.4(1) - money and any property including real, personal, intangible or things in action

Question 14

Things in action cases

Answer 14

R v Kohn
R v Hillon
R v Darroux

Question 15

S.4 (2)

Answer 15

can’t steal land

Question 16

R v Gimbert

Answer 16

D bought land for £1 from cousin and sold for £50,000 - not theft

Question 17

S.4(3)

Answer 17

wild flowers can’t be stolen unless do so for commercial purposes

Question 18

S.4(4)

Answer 18

wild creatures can’t be stolen unless usually in captivity

Question 19

Oxford and Moss

Answer 19

can’t steal info

Question 20

Corpses cases

Answer 20

Kelly - corpses had work done so property

Yearworth - sperm is property

Question 21

Law v Blease

Answer 21

cannot steal electricity

Question 22

Belonging to another stat def

Answer 22

belonging to any person with possession or control over it

Question 23

cases for S.5(1) belong to another

Answer 23

R v Woodman
R v Turner no2
R (Ricketts)

Question 24

R v Woodman

Answer 24

V did not have to be aware of stolen property

Question 25

R v turner no2

Answer 25

coukd steal own car

Question 26

R (Ricketts)

Answer 26

theft to take things left outside charity shop for charity shop

Question 27

S.5 (3)

Answer 27

an obligation to deal with something in a certain way must be followed or it will be theft

Question 28

R v Hall

Answer 28

travel agent case - didn’t state specifically needed to spend on flights so not theft when spent on other things

Question 29

R v Wain

Answer 29

fundraising for charity - not giving to charity would be theft

Question 30

S.5.(4)

Answer 30

if transfer property mistakenly it jusy be given back

Question 31

Dishonesty section + categories in that

Answer 31

S.2(1) a. belief has right to property in law b. belief has consent of V c. can’t find owner using R steps

Question 32

Ghosh test

Answer 32

Old law 1. dishonest by ordinary standards of R and honest people 2.D realised action was dishonest according to these

Question 33

Feely test

Answer 33

Jurors decide

Question 34

Griew criticisms of Ghosh

Answer 34

confuses state of mind for dishonestly Q of law to Jury assumes common definition of dishonestly assumes jurors honest unsuitable in specialist cases

Question 35

Ivey test and case set out in

Answer 35

Barton and Booth 1. actual state of knowledge as to facts 2. conduct dishonest by standards or ordinary people (objective and subjective)

Question 36

issues with ivey test?

Answer 36

should COA follow SC obiter Finch - jury with no direction did best only answered some of Griews critique

Question 37

ITPD section

Answer 37

S.6(1) - intention to treat thing as own to dispose of regardless of others rights

Question 38

Lloyd case

Answer 38

worked at cinema and gave tape to friend borrowing not enough unless deprived of all goodness and value

Question 39

S.6(2)

Answer 39

take and give to pawn shop with intent to come back but might not be able to is ITPD

Question 40

DPP v Lavender

Answer 40

council house change doors case

Question 41

R v Vinall

Answer 41

need ITPD at time of appropriation (bike theft case)