Theft 1B

Question 1

What Act is used for this crime?

Answer 1

The Theft Act 1986

Question 2

What does Section1(1) say?

Answer 2

“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 3

What does Section 3(1) tell us?

Answer 3

Definition of Appropriation

Question 4

What is the definition of Appropriation?

Answer 4

Any assumption (taking over) by a person of the rights of an owner.

Question 5

Give some examples of appropriation.

Answer 5

Destroy, sell, use, consume, burn, move, throw, wear, exchange, copy, lend.

Question 6

How many rights need to be assumed for an appropriation to take place? And what case says this?

Answer 6

At least 1
R v Morris

Question 7

What does R v Pitham and Hehl say?

Answer 7

Selling an item belonging to someone else counts as an appropriation.

Question 8

What does Lawrence v MPC say?

Answer 8

Even if V consents, there can still be an appropriation if the consent is not genuine or based on the true situation.

Question 9

What does R v Hinks say?

Answer 9

Even accepting a gift can sometimes amount to an appropriation.

Question 10

What does S3(1) also say?

Answer 10

Appropriation can also cover situations where he has come by the property innocently, but later assumes a right to it by keeping or dealing with it as the owner

Question 11

What section defines Property?

Answer 11

S4(1)

Question 12

What are the 5 types of property?

Answer 12

Money - coins/notes etc
Real property - land & real estate
Personal property - object (not real as above)
Things in action - money in a bank account/cheques
Other intangible property - eg. copyright, trademark

Question 13

What does R v Welsh say?

Answer 13

Bodily fluids can amount to property.

Question 14

What does R v Kelly and Lindsay say?

Answer 14

Corpse or body parts generally do not constitute property.

Question 15

What is the exception to R v Kelly and Lindsay?

Answer 15

Body parts may become property if they acquire value, ie. use in education or science.

Question 16

What does Oxford v Moss say?

Answer 16

Information/ knowledge is not property.

Question 17

What does R v Akbar say?

Answer 17

Information on paper or on something physical is (personal) property.

Question 18

What does Section 5(1) tell us?

Answer 18

The definition of belonging to another.

Question 19

What is the definition of Belonging to another?

Answer 19

Having possession or control of the property or a proprietary right/interest in the property.

Question 20

What does R v Turner say?

Answer 20

D can be accused of stealing his own property when it is not in his possession.

Question 21

What does Ricketts v Basildon Mags say?

Answer 21

Items donated to charity and are left in charity bins are then property belonging to the charity. Those left outside are still belonging to the owner until their intention is fulfilled.

Question 22

What does S5(3) say?

Answer 22

If D is given property and is under a legal obligation to use it in a particular way, that property will still be treated as belonging to the giver.

Question 23

What case goes with S5(3)?

Answer 23

Davidge v Burnett

Question 24

What does S5(4) say?

Answer 24

If D is given the property by mistake and is under a legal obligation to return it, that property will still be treated as belonging to the party who made the mistake.

Question 25

What case is used with S5(4)?

Answer 25

AG Ref 1 of 83

Question 26

What does S2 relate to?

Answer 26

Dishonesty

Question 27

What does S2(1) say?

Answer 27

There are 3 situations where D is not dishonest. These fall under a, b, and c

Question 28

What does S2(1)(a) say? And what case is used?

Answer 28

D is not dishonest if he believes he has a legal right to the property. Robinson

Question 29

What does S2(1)(b) say? And what case is used?

Answer 29

D is not dishonest if he believes the owner would consent if they knew of the circumstances. Holden

Question 30

What does S2(1)(c) say? And what case is used?

Answer 30

D is not dishonest if he believes the owner cannot be found taking reasonable steps. Small

Question 31

What does S2(2) say?

Answer 31

D may be dishonest even though he is willing to pay for the property.

Question 32

What test do the courts use when D does not fit the exceptions?

Answer 32

The Ivey test

Question 33

What case sets out the Ivey test?

Answer 33

Ivey v Genting Casinos

Question 34

What did the court say in Ivey v Genting Casinos?

Answer 34

The jury needed to decide what D believed the cirumstances were and then whether they felt his conduct was dishonest in those circumstances according to the ordinary standards of reasonable and honest people.

Question 35

What is the problem with this case?

Answer 35

It is CIVIL so not binding in Criminal law.

Question 36

What case makes the Ivey test binding in Criminal?

Answer 36

R v Barton and Booth

Question 37

What does R v Barton and Booth say?

Answer 37

The Ivey test applies to criminal offences.

Question 38

What does S6(1) say?

Answer 38

Intention to permanently deprive means intending to treat the property as their own to dispose of regardless of the other's rights.

Question 39

What case is used for S6(1)?

Answer 39

DPP v Lavender

Question 40

What does S6(1) say about borrowing?

Answer 40

Borrowing can amount to IPD if you keep the property for such a time and in such circumstances as to make it an outwright disposal.

Question 41

What case is used for S6(1) borrowing?

Answer 41

R v Lloyd

Question 42

What does R v Lloyd say?

Answer 42

Borrowing could amount to an IPD if the goodness, virtue and value has been removed from the property.

Question 43

What does R v Velumyl say?

Answer 43

If you return something different (ie same money but different bank notes) it is still an IPD.

Question 44

What does R v Easom say?

Answer 44

Conditional intent does not count as IPD.