Theft

Question 1

Where is theft

Answer 1

Theft act 1968 section 1

Question 2

Define theft
2-6

Answer 2

If d dishonestly 2 appropriate 3 property 4 belonging to another 5 with IPD 6 the other of ur he could be guilty of theft

Question 3

Where is this tried, what penalty does D face

Answer 3

This is an offence triable either way with a maximum penalty in the Crown Court of 7 years or an unlimited fine.

Question 4

1
What property + s 4 (2,3,4) What do they say

Answer 4

and intangible property. Section 4.2. Things severed from land. Section 4.3. Rations and plants for reward, sale, or commercial purpose. Section 4.4. Wild animals can be stolen if caught or trying to get caught, otherwise not

Question 5

Oxford v moss

Answer 5

Information is not property

Question 6

R v sharp

Answer 6

No property is recognised in a corpse

Question 7

R v Kelly and lindsay

Answer 7

Distinguishes r v sharp
Corpse acquired different
Normally, corpses are not property. But once skill or work is applied (e.g. preservation), they become property capable of being stolen.

Principle: Even things not normally considered property can become so if treated in a particular way

Question 8

2 appropriating
What is it

Answer 8

Any assumption of the rights of the owner or later assumption by not returning, for example, selling, keeping, or destroying.

Question 9

Lawrence V mpc

Answer 9

Appropriating
Taxi drivers
Still appropriating with consent

Question 10

R v morris

Answer 10

Appropropriation
Swapped labels on pork
Adverse to owners wishes
Only need to take one right

Question 11

R v Gomez

Answer 11

Manager accepted fake cheques
Still appropriating consent is irrelevant

Question 12

R v Pintham and Hehl

Answer 12

Appropriation
In house of someone in prison
Offering to sell was sufficient as it assumed the owner’s right to sell

Question 13

R v Hinks

Answer 13

Appropriation
Loses all his saving because he gave it to a girl
Even a gift can be appropriated

Question 14

What is belonging to another + what section

Answer 14

Section 5
Usually a civil law matter
Belonging to whoever has possession or control over it or any proprietary interest

Question 15

R v Turner

Answer 15

Belonging s5
Drove car before paying for repairs
Stole his own car

Question 16

R v Wain

Answer 16

Beloning s5
Belonged to Wain
“Regarding” as belonging to the charity he collected it for

Question 17

AG ref no 1 (1983)

Answer 17

Belonging s5
Surplus wages belonged to the WPC
Regarded as belonging to the employer

Question 18

R v Hall

Answer 18

Travel agent doesn’t buy people tickets
General funds
No obligation to use money
Not theft

Question 19

What sectionsnare there in belonging to another?

Answer 19

5(1)
5(3)
5(4)

Question 20

S (5) 1

Answer 20

Belongs to anyone in possession or control

Question 21

S5(3)

Answer 21

Belonging to person who gave property with specific obligation or purpose

Question 22

S 5(4)

Answer 22

Regarded as belonging to person who gave property by mistake

Question 23

Mens rea first element to prove + section

Answer 23

Intention to Permanently Deprive s6

Question 24

What is IPD

Answer 24

A person has IPD when their intention is to treat the thing as his own to dispose of regardless of others rights
Borrowing and lending may amount to it if its for a period or circumstance equivalent to outright taking or disposal is IPD

Question 25

R v marshall

Answer 25

IPD Sold tfl tickets Treating it as his own to dispose of regardless of TfLs rights

Question 26

R v Lloyd

Answer 26

Ipd Stolen film tapes had no lost their value "All its goodness and virtue has gone" Lord Lane CH

Question 27

R v velumyl

Answer 27

Ipd Serial code on money Returning similar property is IPD Property must be the same

Question 28

DPP v Lavender

Answer 28

Ipd Treating it as own to dispose of regardless of councils rights

Question 29

R v Fernandes

Answer 29

Ipd Risky lawyer Risking the loss of property is IPD

Question 30

R v easom

Answer 30

Ipd Searches purse and doesn't steal Conditional intent to steal if anything is sufficient is NOT IPD

Question 31

R v raphael

Answer 31

Ipd Stole cars for ransom Condition to return is IPD

Question 32

Section 6 (2)

Answer 32

On pawning Parting property under a condition as to its return he may be unable to perform Pawning without owner consent

Question 33

R v mitchell

Answer 33

Stolen car To get away from police left it intact Not IPD

Question 34

What is dishonesty What section

Answer 34

Section 2 explains when a person is not dishonest 2 (1) (a b c)

Question 35

Section 2 (1)(a)

Answer 35

A person is not dishonest if they believed they had a right in law

Question 36

Section 2(1)(b)

Answer 36

A person is not dishonest if they believed they would gave had the owners consent

Question 37

Section 2(1) (c)

Answer 37

A person is not dishonest if the owner cannot be discovered taking reasonable steps

Question 38

R v small

Answer 38

Dishonesty Stole car that been abandoned for ages Belief musn't be reasonable,must be merely genuine

Question 39

Don't refer to the civil law case but refer to the criminal law case which proved you can use the civil one Explain both (If sections fail what is the alternative for dishonesty)

Answer 39

In Ivey genting casino the test was : knowing what D knew factually, was it dishonest by the standard of an ordinary person? In answers only refer to R v Barton and Booth