WEEK 15 Flashcards
(14 cards)
What is the definition of theft according to the Theft Act 1968?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
The offence is triable either way and carries a maximum sentence of seven years imprisonment.
What are the key elements of theft as per the Theft Act 1968?
- Appropriation
- Property
- Belonging to another
- Dishonestly
- Intention to permanently deprive
These elements are specified in sections 1, 3, 4, 5, and 6 of the Theft Act 1968.
What are the two mens rea requirements for theft?
- Dishonesty
- Intention to permanently deprive (ITPD)
These requirements are established under section 1(2) of the Theft Act 1968.
Is it relevant if the appropriation is made with a view to gain for the thief or loss for the victim?
No, it is immaterial whether the appropriation is made with a view to gain or is made for the thief’s own benefit.
This principle is outlined in the Theft Act 1968, section 1(2).
How is dishonesty defined in the context of the Theft Act?
The Theft Act does not define dishonesty directly.
The understanding of dishonesty has evolved through case law.
What are the three circumstances under which a defendant is not considered dishonest under section 2(1) of the Theft Act?
- Belief that he has the legal right to deprive the other
- Belief that he would have the other’s consent if they knew
- Belief that the owner cannot be discovered by taking reasonable steps
These beliefs must be genuine and can be subjective.
What is the significance of the case R v Robinson regarding dishonesty?
It confirmed that section 2(1) is a subjective test where a defendant only needs to honestly believe they were entitled in law to take the property.
This case emphasizes the subjective nature of the belief in legal entitlement.
What does the Ivey test for dishonesty entail?
- Determine the defendant’s subjective mental state
- Apply an objective test to the defendant’s state of mind by standards of ordinary decent people
This test replaced the previous Ghosh test and simplifies the approach to determining dishonesty.
What is the difference between intention to permanently deprive and intention to temporarily deprive?
Intention to permanently deprive means the defendant aims to remove all value, while intention to temporarily deprive refers to situations where the defendant intends to return the property.
This distinction is important in determining the nature of the theft.
What is an example of conditional intent in theft?
A defendant who picks up a handbag but does not take anything is not guilty of theft since there was no intention to permanently deprive.
This principle was established in the case Easom.
Under which conditions can borrowing be considered theft?
If the property has lost its essential quality or if the defendant intends to return it in a changed state that removes its goodness or virtue.
The case R v Lloyd illustrates this principle.
What does section 6(2) of the Theft Act state about conditional return?
It addresses situations where property is disposed of under a condition as to its return which may not be able to be performed.
This includes scenarios where a defendant pawns property with the intention of returning it but may not be able to do so.
True or False: A willingness to pay for property is always a sign of honesty.
False.
Willingness to pay may be evidence but does not guarantee honesty.
What is the impact of the case Ivey v Genting Casinos on the understanding of dishonesty?
It removed the second limb of the Ghosh test, aligning the criminal definition of dishonesty with the civil one.
This case has significantly influenced the legal interpretation of dishonesty.
