Topic 5 - Property offences - Theft

Question 1

What is the definition of theft according to the Theft Act 1968?

Answer 1

‘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 2

What are the five elements the prosecution must prove to secure a conviction for theft?

Answer 2

• Appropriation (s 3 Theft Act 1968)
• Property (s 4 Theft Act 1968)
• Belonging to another (s 5 Theft Act 1968)
• Dishonestly (s 2 Theft Act 1968)
• With the intention to permanently deprive (s 6 Theft Act 1968)

Question 3

What does ‘appropriation’ mean in the context of the Theft Act 1968?

Answer 3

‘Any assumption by a person of the rights of an owner amounts to an appropriation.’

Question 4

What was the significance of the case R v Morris [1983] regarding appropriation?

Answer 4

It was held that it is only necessary to assume one of the rights of the owner for an action to constitute appropriation.

Question 5

True or False: A defendant can appropriate property even with the consent of the owner.

Answer 5

True

Question 6

What was the ruling in R v Gomez [1993] about consent and appropriation?

Answer 6

The majority held that appropriation can occur even if the property has passed with the owner’s consent obtained by false representation.

Question 7

What is the legal stance on stealing gifts as established in R v Hinks [2000]?

Answer 7

Appropriation is a neutral act; the donor’s state of mind is irrelevant to whether appropriation has occurred.

Question 8

Fill in the blank: All elements of theft must exist ______.

Answer 8

simultaneously

Question 9

What does the Theft Act 1968, s 3(2) state about innocent purchasers?

Answer 9

It exempts a defendant from liability for theft if they purchase goods in good faith and later discover the seller had no title.

Question 10

What types of property can be stolen according to the Theft Act 1968?

Answer 10

• Money
• Real property
• Personal property
• Intangible property
• Unlawful or illegal items

Question 11

What types of property cannot be stolen?

Answer 11

• Wild plants and animals
• Electricity
• Corpses and body parts
• Confidential information
• Services
• Cheques drawn on accounts over the agreed overdraft limit

Question 12

According to Theft Act 1968, s 5(1), what is considered to belong to another?

Answer 12

‘Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest.’

Question 13

Is property considered abandoned just because the owner has stopped looking for it?

Answer 13

No

Question 14

In the context of theft, what must be proven regarding the ‘belonging to another’ element?

Answer 14

The property must be regarded as belonging to someone who has possession, control, or a proprietary interest at the moment of appropriation.

Question 15

What is the significance of the case Hibbert v McKiernan [1948] in relation to abandoned property?

Answer 15

It was held that lost golf balls had not been abandoned by their owners.

Question 16

Can a refuse collector be guilty of theft?

Answer 16

Yes, if they appropriate goods from a bin with the relevant mens rea.

This highlights the importance of intent in theft cases.

Question 17

Is property considered abandoned if the owner stops looking for it?

Answer 17

No, property is not abandoned merely because the owner has ceased searching for it.

Example: A husband who loses his wedding ring does not abandon it just because he stops looking.

Question 18

What does the Theft Act 1968, s 5(1) state about property ownership?

Answer 18

Property belongs to those having possession or control of it.

This includes control over the land where the property is found.

Question 19

What was the ruling in R v Woodman regarding control of property?

Answer 19

The factory owners were held to have control of scrap metal left inside their factory.

Evidence of steps taken to exclude trespassers indicated control.

Question 20

Can you steal your own property according to R v Turner (No 2)?

Answer 20

Yes, because the mechanic had possession and control of the car, it belonged to another.

The defendant’s use of spare keys without paying constituted theft.

Question 21

What does s 5(3) of the Theft Act 1968 address?

Answer 21

It concerns property given to another for a particular purpose and when title passes to the defendant.

It allows prosecution to prove property belongs to another without complex legal issues.

Question 22

What must be established for s 5(3) to apply in theft cases?

Answer 22

The defendant must be under a legal obligation to retain and deal with the property in a specific way.

This is determined by civil law.

Question 23

What was the ruling in R v Hall regarding client money?

Answer 23

Section 5(3) did not apply because clients did not expect their money to be kept separately.

The expectation was for airline tickets, not separate retention.

Question 24

What was the outcome of Davidge v Bunnett?

Answer 24

The defendant was convicted for theft for not applying cheques to the gas bill as obligated.

This established that obligations can arise from social arrangements.

Question 25

What happened in R v Breaks and Huggan regarding client funds?

Answer 25

The defendants were charged with theft for using client funds for unauthorized purposes. ## Footnote The trial judge ruled that the obligation to deal with the funds was a matter of law.

Question 26

What was the significance of R v Klineberg and Marsden's case?

Answer 26

The defendants were convicted of theft as they failed to deal with money as promised to clients. ## Footnote Assurances made created a legal obligation to safeguard the funds.

Question 27

What does s 5(4) of the Theft Act 1968 cover?

Answer 27

It addresses property obtained by another's mistake and the obligation to restore it. ## Footnote This provision allows property to belong to another for the purposes of the Act.

Question 28

What was the ruling in Attorney-General's Reference (No 1 of 1983)?

Answer 28

The policewoman was under an obligation to restore the money she was mistakenly overpaid. ## Footnote Her awareness of the mistake created a legal obligation.

Question 29

What principle was established in Chase Manhattan Bank v Israel-British Bank regarding property given by mistake?

Answer 29

A person retains an equitable interest in property given by mistake. ## Footnote This principle was applied in subsequent theft cases.

Question 30

What defines the mens rea of theft?

Answer 30

Dishonesty and intention to permanently deprive. ## Footnote The Theft Act 1968 does not define 'dishonesty'; it is determined by a jury.

Question 31

What are the three situations in which appropriation is not considered dishonest under s 2(1)?

Answer 31

* D has a right in law to deprive the other of the property * D would have the other’s consent if the other knew * The owner cannot be discovered by taking reasonable steps ## Footnote The belief does not need to be reasonable, just genuinely held.

Question 32

What must a defendant believe to not be considered dishonest under the Theft Act 1968?

Answer 32

A defendant must genuinely believe that taking steps to find the owner will not enable them to be found ## Footnote This is based on section 2(1)(c) of the Theft Act 1968.

Question 33

What was established in the case R v Robinson regarding the defendant's belief?

Answer 33

The defendant's belief does not need to be reasonably held; it just needs to be genuinely held ## Footnote This principle was confirmed in the case R v Robinson [1977] Crim LR 173.

Question 34

List the three circumstances under which appropriation is not considered dishonest according to the Theft Act 1968, s 2(1).

Answer 34

* Belief that the defendant has the right to deprive the owner * Belief that the owner would consent if aware * Belief that the owner cannot be discovered by reasonable steps

Question 35

What test for dishonesty was established in R v Ghosh?

Answer 35

The common law test for dishonesty was established, which involved subjective belief and objective standards ## Footnote This test was used for 35 years until challenged in Ivey v Genting Casinos.

Question 36

What was the significance of the Supreme Court's decision in Ivey v Genting Casinos?

Answer 36

It suggested that the test for dishonesty in criminal law should align with civil law standards ## Footnote This decision overturned the previous Ghosh test and clarified the approach to dishonesty.

Question 37

What are the two questions to ask when determining dishonesty according to the Supreme Court in Ivey?

Answer 37

* What was the defendant’s knowledge and belief as to the facts? * Given that knowledge, was the defendant dishonest by the standards of ordinary decent people?

Question 38

True or False: A person can be convicted of theft even if they are willing to pay for the property.

Answer 38

True ## Footnote This is outlined in section 2(2) of the Theft Act 1968.

Question 39

What is the timing requirement for forming dishonest intent in theft?

Answer 39

The dishonest intent must be formed when the goods belong to another ## Footnote A conviction cannot occur if the intent forms after ownership has passed.

Question 40

What does the Theft Act 1968, s 1(1) require for theft?

Answer 40

The accused must intend to permanently deprive the owner of their property.

Question 41

Fill in the blank: The Theft Act 1968, s 6(1) states that a person appropriating property without meaning the owner to lose it permanently is regarded as intending to permanently deprive if they intend to treat the thing as their own to _______.

Answer 41

[dispose of]

Question 42

What does the phrase 'to dispose of' encompass according to R v Cahill?

Answer 42

* Attempting to sell the owner their own property * Using the owner's property for bargaining * Rendering the property useless

Question 43

What was the outcome of R v Scott regarding the intention to permanently deprive?

Answer 43

Scott's conviction for theft was upheld as she treated the curtains as her own to dispose of regardless of the owner's rights.

Question 44

What did the Court of Appeal rule in R v Fernandes regarding the intention to permanently deprive?

Answer 44

The court ruled that treating property as your own to dispose of can encompass actions that risk its loss.

Question 45

What was the Court of Appeal's conclusion in R v Vinall regarding the requirement of intention?

Answer 45

The court stated that more than merely 'dealing with' the property is required to demonstrate intention to permanently deprive.

Question 46

What does section 6(1) of the Theft Act 1968 require regarding the defendant's state of mind?

Answer 46

A state of mind equivalent to an intention permanently to deprive, treating the property as their own to dispose of regardless of the other's rights

Question 47

True or False: The Theft Act 1968, section 6(1) requires that the property has been disposed of.

Answer 47

False

Question 48

What are the two situations specified by the Theft Act 1968, section 6(1) that can count as treating property as your own?

Answer 48

* Borrowing * Lending

Question 49

What must be established for borrowing or lending to be considered equivalent to an outright taking or disposal?

Answer 49

It must be for a period and in circumstances making it equivalent to an outright taking or disposal

Question 50

Fill in the blank: A mere borrowing is never enough to constitute the necessary guilty mind unless the intention is to return the property in such a ______ that it can truly be said that all its goodness or virtue has gone.

Answer 50

changed state

Question 51

What does the Theft Act 1968, section 6(2) state about parting with property under a condition as to its return?

Answer 51

It amounts to treating the property as one's own to dispose of regardless of the other's rights if the condition may not be fulfilled

Question 52

In R v Velumyl, what was the Court of Appeal's conclusion regarding the return of equivalent value?

Answer 52

Intending to return notes and coins of equivalent value is not the same as intending to return the identical ones that were taken

Question 53

What is the key question to ask regarding the intention when property is borrowed?

Answer 53

'Was the intention to return it minus all its goodness, virtue and practical value?'

Question 54

In the context of the Theft Act 1968, what does treating property as your own entail?

Answer 54

Disposing of it regardless of the other's rights