WEEK 14

Question 1

What is the definition of theft according to the Theft Act 1968, s.1(1)?

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 elements of theft?

Answer 2

• Appropriation
• Property
• Belonging to another
• Dishonesty
• Intention to permanently deprive

Question 3

What is the maximum sentence for theft under the Theft Act 1968?

Answer 3

Seven years imprisonment.

Question 4

What does ‘appropriation’ mean under s.3(1) of the Theft Act 1968?

Answer 4

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

Question 5

True or False: The offence of theft requires proof of loss.

Answer 5

False.

Question 6

What is the significance of the case Morris [1983] regarding appropriation?

Answer 6

There is an appropriation where the defendant assumes only one of the owner’s rights.

Question 7

In the context of theft, what does ‘bona fide’ mean?

Answer 7

Good faith.

Question 8

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

Answer 8

Where property is transferred for value to a person acting in good faith, no later assumption of rights by that person amounts to theft.

Question 9

Can theft occur if the owner has consented to the appropriation?

Answer 9

Yes, appropriation can occur even with the consent of the owner.

Question 10

What is an ‘indefeasible right’ in the context of property law?

Answer 10

A right that cannot be annulled or voided, typically arising from a valid transfer of property.

Question 11

What was the outcome of R v Hinks regarding gifts?

Answer 11

It is possible to steal an inter vivos gift.

Question 12

What is the main issue discussed in the context of civil law versus criminal law?

Answer 12

The criminal law does not have to follow civil law rules when its objectives require departing from them.

Question 13

What does ‘intention to permanently deprive’ refer to in theft?

Answer 13

The mental element required for theft, indicating that the offender intends to deprive the owner of their property permanently.

Question 14

Fill in the blank: The term used to describe property belonging to another in theft is _______.

Answer 14

Belonging to another.

Question 15

What is the definition of ‘property’ under s.4 of the Theft Act 1968?

Answer 15

Property includes money and all other property, real or personal, including things in action and other intangible property.

Question 16

True or False: The Theft Act 1968 completely removed the physicality of ‘taking away’ from the definition of theft.

Answer 16

False.

Question 17

What is the legal principle established in R v Gomez about consent in theft?

Answer 17

Appropriation can take place even with the consent of the owner.

Question 18

What is the significance of the case R v Adams concerning theft?

Answer 18

It addresses the issue of appropriation and good faith in property transactions.

Question 19

What does ‘dishonestly’ refer to in the context of theft?

Answer 19

It refers to the mental state of the offender regarding the appropriation of property.

Question 20

What is the main objective of the Theft Act 1968?

Answer 20

To avoid the physicality of ‘taking away’ and broaden the definition of theft

This is reflected in s4 of the Theft Act.

Question 21

What does ‘property’ include under the Theft Act 1968?

Answer 21

Money and all other property, real or personal, including:
* Things in action
* Intangible property

Question 22

What are tangibles in the context of theft?

Answer 22

All movable items that can be stolen as long as they do not form part of the land

Examples include mobile homes, furniture, and pictures.

Question 23

Can bodies be considered property under the Theft Act?

Answer 23

No, bodies are not considered property and thus cannot be stolen

Proprietary interest can be acquired through work and skill on the corpse.

Question 24

What case established that parts of bodies preserved as anatomical specimens can be stolen?

Answer 24

Kelly [1998] 3 All ER 741

Question 25

What does section 4(3) of the Theft Act state about picking wild items?

Answer 25

A person does not steal mushrooms, flowers, fruit, or foliage picked from wild land unless done for reward or commercial purpose.

Question 26

Can wild creatures be stolen according to section 4(4) of the Theft Act?

Answer 26

No, unless they have been reduced into possession or are in the process of being possessed.

Question 27

What did the case Oxford v Moss determine about confidential information?

Answer 27

Confidential information does not fall within the definition of 'intangible property' and cannot be charged with theft.

Question 28

Can digital information be stolen under the Theft Act?

Answer 28

Mostly no, because it does not fit the definition of property under s4 of the Theft Act.

Question 29

What is the legal stance on stealing electricity, gas, or water?

Answer 29

Electricity is not property capable of appropriation, but there is specific criminalization for its unauthorized use under the Theft Act.

Question 30

What does section 11 of the Fraud Act 2006 address?

Answer 30

It makes it an offence to obtain services without payment through dishonest acts.

Question 31

What are the key elements of theft as defined in s1(1) of the Theft Act?

Answer 31

* Appropriation * Property * Belonging to another * Dishonesty * Intention to permanently deprive

Question 32

What does s.5(1) of the Theft Act state about property belonging to another?

Answer 32

Property is regarded as belonging to any person having possession, control, or a proprietary right or interest.

Question 33

What distinguishes lost property from abandoned property?

Answer 33

Property is only abandoned when the owner is indifferent to future use.

Question 34

Can a person steal their own property?

Answer 34

Yes, under certain circumstances as established in Turner (No.2) [1971] 1 WLR 901.

Question 35

What is the significance of s.5(3) of the Theft Act?

Answer 35

It states that property received under an obligation to deal with it in a particular way belongs to the other person.

Question 36

What is required for property obtained by mistake to be considered belonging to the rightful owner under s.5(4)?

Answer 36

The person must be under an obligation to make restoration of the property or its proceeds.

Question 37

What are the three conditions for property from a mistake to be regarded as belonging to another?

Answer 37

1. Property was obtained by a mistake 2. Obligation to restore the property 3. Intention not to restore indicates intention to deprive

Question 38

What case involved mistaken overpayment of salary as an example of s.5(4)?

Answer 38

AG’s Reference No 1 of 1983 [1985] QB 182.

Question 39

List the elements of theft as per the Theft Act.

Answer 39

* Appropriation (s.3(1)) * Property (s.4) * Belonging to another (s.5(1) (3) (4)) * Dishonestly (s.2(1) / Ivey) * Intention to permanently deprive (s.1 (1) and Lloyd / s.6 (1))