Theft and Fraud

Question 1

THEFT - A.R. APPROPRIATION

Answer 1

Assuming the rights of an owner
Consent irrelevant to appropriation - DPP v GOMEZ
Can be a valid gift of property - HINKS

Not appropriation if purchased for money in good faith
Must involve some contact with property - BRIGGS
Cannot steal more than once; continuous appropriation - ATAKPU

Question 2

THEFT - A.R. PROPERTY

Answer 2

Money, real property, personal property - list virtually endless - SMITH, PLUMMER AND HAINES
Wild plants if for commercial purposes and wild animals
Things in action e.g. bank accounts - CHAN MAN-SIN

Not
Confidential information - OXFORD v MOSS
Electricity - LOW v BLEASE. Separate offence

Question 3

THEFT - A.R. BELONGING TO ANOTHER

Answer 3

Property can belong to another even if in fact your own - TURNER. Possession, control, propriety etc and received from another and legally obliged to deal with it in a particular way - DPP v HUSKINSON

Property is not someone else’s if it
Did not belong to them at time of dishonest appropriation- EDWARDS v DDIN
Is abandoned. Rubbish (WILLIAMS v PHILIPS) and clothes left for charity (R RICKETS v BASILDON MAGISTRATES)

Question 4

THEFT - M.R. DISHONESTY

Answer 4

Dishonesty - IVEY. Defendant will have acted dishonestly if the (subjective) actual state of the defendant’s knowledge/belief of the facts was dishonest by the (objective) standards of ordinary decent people.

Not dishonest if def believed they had the legal right to deprive (TURNER), the other would have consented pr the other could not reasonably be found.

Willingness to pay for property not automatic defense.

Question 5

THEFT - M.R. INTENTION TO PERMANENTLY DEPRIVE

Answer 5

Even when only limited interest in property or defendant intends to replace item - VELUMYL

Even if does not intend to permanently deprive, amy be deemed to if treats item as own to dispose of

• selling used underground tix - MARSHALL
• stealing from company believing bank would reimburse - CHAN MAN-SIN
• offering items back to owner to buy - RAPHAEL
• borrowing for period long enough to amount to outright taking if ‘goodness and virtue is gone’ - LLOYD

Question 6

FRAUD - A.R.

Answer 6

Making a representation

• words or conduct - DPP v RAY eating at restaurant
• use of credit cards - LAMBIE
• express or implied and to a machine

Which is false

• untrue or misleading; ‘less than wholly true’ Home Office Guidance
• having someone impersonate you to sit a driving test - IDREES
• lying about winning lottery ticket - NIZZAR
• falsely claiming work had been done requiring ££ - O’LEARY

Question 7

FRAUD - M.R.

Answer 7

Dishonesty - IVEY

Intention - making representation to make gain for self or loss for another.

Knowledge/recklessness as to possibility that representation is untrue/misleading.

Question 8

MAKING OFF WITHOUT PAYMENT - A.R.

Answer 8

Supply of goods/services
Makes off from spot where payment is required
Without paying as expected

Question 9

MAKING OFF WITHOUT PAYMENT - M.R.

Answer 9

Dishonesty - IVEY
Knowledge that payment on the spot was required
- defence if agreement to pay in the future - R v VINCENT (CHRISTOPHER JAMES)
Intention to permanently deprive
- not liable if intends to return and pay later - ALLEN
- no false representation if intends to pay and then makes off