Theft

Question 1

Theft is governed by which act?

Answer 1

Theft Act 1968

Question 2

The definition of theft is found in s___ of the ___ Act ___

Answer 2

s1 of the Theft Act 1968

Question 3

Theft is defined as the ___

Answer 3

“dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.”

Question 4

Theft contains roughly ___ elements. 3 elements are for the actus reus and __ elements relate to the mens rea.

Answer 4

5, 2

Question 5

What is the actus reus of theft?

Answer 5

The appropriation of property belonging to another

Question 6

Appropriation is defined in s__ of the Theft Act 1___

Answer 6

Appropriation is defined in

s3 of the Theft Act 1968

Question 7

Appropriation is “assuming ___ _____ __ ___ _____”

Answer 7

Assuming the rights of the owner

Question 8

What are the three cases that illustrate appropriation?

Answer 8

1. Morris
2. Lawrence
3. Hinks

Question 9

R v Morris illustrates _______

Answer 9

Assuming the rights of the owner

Question 10

R v Lawrence illustrates that theft can take place___

Answer 10

with the consent of the victim

Question 11

R v Hinks that ____ ____ can be stolen

Answer 11

voluntary gifts

Question 12

s__ Theft Act ____ deals with property

Answer 12

s4 Theft Act 1968 deals with property

Question 13

s4(1) states that property includes m___ and all p___, r___ or p___, including things in a___ and other i___ property

Answer 13

MONEY and all PROPERTY, REAL or PERSONAL, including things in ACTION, and other INTANGIBLE property

Question 14

s4(3) declares that a person cannot steal land unless three circumstances apply to them
TRUE OR FALSE

Answer 14

False- s4(2) declares this

Question 15

s4(2)- You cannot steal land unless you are

1. a t___ or personal r___ of it
2. When you’re not in possession of the land and you appropriate a ____ of it
3. When you’re a t___ and you appropriate part of or a whole fixture

Answer 15

1. Trustee, personal representative
2. Part
3. Tenant

Question 16

s4(3)- It is not theft to pick wild plants unless this is for c___ gain

Answer 16

commercial

Question 17

s4(4)- Wild creatures, t___ or u___ are deemed property

Answer 17

Tamed, Untamed

Question 18

Cases for property

1. Oxford v M___
2. R v M_______
3. R v K____

Answer 18

1. Oxford v Moss
2. R v Marshall
3. R v Kelly

Question 19

Oxford v Moss: Information on a piece of paper cannot be s___

Answer 19

Stolen

Question 20

R v Kelly: If a corpse is a___ then it becomes property

Answer 20

Altered

Question 21

True or false: Section 6 of the Theft Act clarifies the meaning of “belonging to another”

Answer 21

False- section 5 does.

Question 22

The rights of the owner of the object o___ the rights of he who is in p___ of the object

Answer 22

Override, possession

Question 23

True or false- s5(3) says that if someone uses the property for a reason other than intended, it is classed as theft.

Answer 23

True

Question 24

Cases for element 3

1. R v _____
2. R v _____
3. D___ and B____

Answer 24

1. R v Webster
2. R v Turner
3. Davidge and Bunnett

Question 25

R v Webster illustrates that:

Answer 25

The rights of the owner of the object override the rights of he who is in possession of the object

Question 26

R v Turner illustrates

Answer 26

A person can retain possession rights until a bill has been paid

Question 27

True or false: Davidge and Bunnet illustrates that returning identical items of the same value does not excuse you of theft.

Answer 27

False 1. R v Velumyl illustrates this concept 2. Davidge and Bunnet illustrates that if someone uses the property for a reason other than intended, it is classed as theft.

Question 28

What section does Davidge and Bunnett illustrate?

Answer 28

s5(3)

Question 29

s5(1) states that property shall be regarded as belonging to anyone having p____ or c___ of it or having a p___ interest in it

Answer 29

Possession, Control, Proprietary interest.

Question 30

Which two sections deal with the mens rea of Theft?

Answer 30

1. s6(1) | 2. s2(1)

Question 31

Which section helps clarify the meaning of "intention to permanently deprive"?

Answer 31

s6(1)

Question 32

DPP v Jones and Others illustrates

Answer 32

Breaking an object and returning it falls under "intention to permanently deprive"

Question 33

R V Velumyl illustrates

Answer 33

returning identical items of the same value does not excuse you of theft.

Question 34

s2(1) gives us situations where the defendant will be deemed as ____

Answer 34

honest

Question 35

True or false: Dishonesty is clarified in s2(1) of the Theft Act 1968

Answer 35

False- dishonesty is not defined in the Act

Question 36

The defendant is honest if 1. They couldn't find the owner through r___ means 2. They believed they had the right to ___ the property 3. They believed that the owner would've c___ to them appropriating the property

Answer 36

Reasonable Appropriate Consented.

Question 37

R v Small illustrates a part of which section

Answer 37

s2(1)

Question 38

The Ghosh test contains two elements which are both subjective. True or false?

Answer 38

False- only the second element is subjective.

Question 39

The first part of the Ghosh test is | 1. Would the D's behaviour be regarded as d__ by the standards of r__ and h___ people?

Answer 39

Dishonest | Reasonable, Honest

Question 40

Which case abolished the second, subjective element of the Ghosh test?

Answer 40

Ivey v Genting casinos

Question 41

The second, subjective part of the Ghosh test is | 2. Was the defendant aware that his conduct would be regarded as dishonest by r___ and h___ people?

Answer 41

Reasonable and honest