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G153 Law > Theft > Flashcards

Theft Flashcards

(80 cards)

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1
Q

What are the three offences against property?

A

theft
robbery
burglary

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2
Q

which Act of Parliament covers offences against property?

A

Theft Act 1968

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3
Q

In which year was the Theft Act implemented

A

1968

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4
Q

what is the definition of Theft

A 
dishonest
appropriation
of property 
belonging to another
with intention to permanently deprive
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5
Q

what is the actus reus of theft?

A

appropriation
of property
belonging to another

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6
Q

what is the mens rea of theft

A

dishonest appropriation
and
intention to permanently deprive

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7
Q

In which section of the Act is appropriation defined?

A

section 3

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8
Q

What is appropriation?

A

any assumption of the rights of an owner

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9
Q

give three examples of the rights of an owner

A
  • right to possess the item
  • right to sell the item
  • right to destroy the item
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10
Q

Give the facts of Pitham v Hehl

A

D sold furniture belonging to someone else

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11
Q

Give the decision of Pitham v Hehl

A

This was an appropriation

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12
Q

Give the reasoning for the decision in Pitham V Hehl

A

the offer to sell was an assumption of the right of the owner

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13
Q

Give the Facts of Morris

Give the decision

Give the reasoning

A

F: D swapped a price label in a supermarket

D: Conviction for theft upheld

R: He had assumed the right of the owner to put a price label on the goods

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14
Q

Can D be liable for theft even where he has consent?

A

Yes

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15
Q

Give the facts of Lawrence

Give the decision

A

V spoke little English so allowed his taxi driver to take the fare from his wallet D took too much

This was an appropriation

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16
Q

Give the facts of Gomez

A

D persuaded V to sell goods to an accomplice and accept payment in stolen, worthless cheques

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17
Q

Give the decision of Gomez

A

There was an appropriation despite the consent

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18
Q

Give the reasoning for Gomez

A

D must not do anything contrary to the owners wishes and there need not be any adverse interference with v

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19
Q

Give the facts of Atakpu and Abrahams

A

D’s hired cars in Germany and drove them to England where they were arrested for theft

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20
Q

Give the decision of Atakpu

A

They weren’t liable for theft

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21
Q

Give the reasoning of Atakpu

A

Appropriation is viewed as occurring at one point in time

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22
Q

Which section of the Act covers property?

A

Section 4

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23
Q

What does property include?

A

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

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24
Q

What is personal property?

A

Items such as books, cars and ipods

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25
What did Kelly and Lindsay extend personal property to include?
Body parts
26
What did Smith extend personal property to include?
Prohibited drugs
27
What is real property?
Land or buildings
28
What does section 4 (1) say?
Land can be stolen
29
What does section 4 (2) say?
Land can only be stolen in three circumstances
30
What are the three circumstances in which land can be stolen
* a trustee or personal representative takes land in breach of his duties * someone not in possession of the land severs anything forming part of the land from the land * a tenant takes a structure or fixture from the land let to him
31
What is a thing in action?
A personal property right which can be legally enforced
32
Give an example of a thing in action
A patent right
33
What is intangible property
Property which has no physical existence
34
What did Chan Nai-Keung establish?
Export quotas are intangible property
35
Give the facts of Oxford v Moss
D acquired proof of an exam paper he was due to sit
36
Give the decision and reasoning of Oxford
D not liable, knowledge of the questions on an exam was held not to be property
37
What does section 4 (3) state in relation to things that cannot be stolen?
People picking wild flowers on any land will not be liable unless it is for sale or reward
38
What does section 4 (4) say in relation to things which cannot be stolen
Wild creatures cannot be stolen unless they are possessed or are in the process of being reduced into possession of someone else
39
Where is belonging to another defined?
S5 Theft Act
40
What does section 5 TA say?
Property belongs to a person who is in possession or control of it or has proprietary interest in it
41
Give the facts of turner
D left his car at a garage for repairs and when the repairs were nearly finished took the car back without parting
42
Give the decision in Turner
The garage was in possession of the car
43
Who normally has possession and control of the property?
The owner
44
Give the facts of Woodman
A company sold all its scrap metal, some was left behind and D stole it
45
Give the decision of woodman?
D was liable because the original company was still in possession of the items
46
Give the facts of Ricketts
D took bags from outside a charity shop and from the bin behind it
47
Give the decision and reasoning of Ricketts
Until the items were taken in by the charity the items were still considered property of the owner + the goods in the bin were still the property of the charity shop
48
Define a proprietary interest
Where D owns property and is in possession of it he can still be guilty of stealing it if another person has a proprietary interest in it
49
Give the facts of Webster
D was an army sergeant who was awarded a medal but was accidentally sent 2, he sold the other
50
Give the decision and reasoning of Webster
D was liable because the ministry of defence trained a proprietary interest in the medal
51
Define property received under obligation
Where V gives D property with the instruction to do something specific with it
52
Give the facts of Hall
D was a travel agent who received deposits from clients he didn’t use to buy their tickets
53
Give the decision and reasoning of hall
On appeal the conviction was quashed because when D received the deposits he was not under obligation to deal with them in a particular way
54
Give the facts of Davidge v Bunnet
D was given money by flat mates to pay for a gas bill but didn’t
55
Give the decision and reasoning of Davidge
It was theft because there was a legal obligation to deal with the money in a particular way
56
Give the facts of Attorney Generals Reference
D was overpaid and didn’t repay it
57
Give the decision of Attorney Generals Reference
The court of appeal said D should have been guilty
58
Give the reasoning of Attorney Generals Reference
Where D is overpaid they have an “obligation to make restoration” and if there was a dishonest intention not to make restoration then all the elements of theft were present
59
Define legal obligation
There must be a legal obligation to restore the property. In some situations there is no legal obligation to restore money
60
Give the facts of Gilks
D bet on a horse race and was overpaid by the bookmaker
61
Give the decision and reasoning of theft
Not guilty of theft because betting transactions are not enforceable at law
62
What are the two elements that set out the mens rea of Theft
Dishonesty Intention to permanently deprive
63
Which sections of the Act set out the mens rea of Theft?
Section 2 And Section 6
64
Which section of the Act gives three scenarios where an appropriation is not considered dishonest
S2
65
Give the three scenarios that are not dishonest according to s2
* where D has the right in law to deprive the other of the property * if D would have V’s consent if they knew of the appropriation * the person to whom the property belongs cannot be reasonably discovered
66
Give another scenario where D is not dishonest
Where D has a mistaken or unreasonable belief in any of the above
67
What does Ghosh set out?
The test for dishonesty
68
Is the Ghosh test subjective or objective?
Both
69
What is the test for dishonesty according to Ghosh?
* was what was done dishonest according to the ordinary standards of reasonable and honest people? * Did D realise that what he was doing was dishonest by these standards?
70
Which case replaced Ghosh?
Ivey
71
What did Ivey eliminate?
The second limb of the Ghosh test
72
Give the significance of Velumyl
If the bank notes aren’t the same ones you took then you have permanently deprived the owner even if you replace them
73
Give the facts of Lavender
D took doors from a council property which was being repaired and used them to replace damaged doors in his girlfriends council flat
74
Give the decision and reasoning of Lavender
The doors were still in the possession of the council but had been transferred without permission from one council property to another. Because D intended to treat the doors as his own he was guilty
75
What does S6 of Theft Act state
Borrowing is not a theft unless it is for an unreasonable amount of time
76
Give the facts of Lloyd
D got a film reel lended to him from a projectionist to make an illegal copy, D returned it after
77
Give the decision and reasoning of Lloyd
Conviction for theft quashed because the proportional value of the reel had not been changed
78
Define proportion of value
The court seemingly will only find theft if the “goodness, virtue or, practical value has gone from the item”
79
What is conditional intent?
Where D would steal something if there was something worth stealing
80
What do Easom and Husseyn say
Conditional intent is not sufficient for theft

G153 Law (24 decks)

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