Law 04 Revision - Theft

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Where is the offence of theft contained?
S1 of the Theft Act 1968
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What is the first element of theft?
Appropriation
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What section is appropriation contained in?
S3
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What does appropriation mean?
Any assumption of the rights of an owner
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In s3, what extra is added about appropriation?
It does not matter whether the defendant has come by the property innocently or not, it includes any later assumption of a right to it.
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What was held in the case of R v Briggs (2013)?
An appropriation denotes a physical action, deceiving an owner does not amount to an appropriation.
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What was held in the case of Morris (1983)?
Only one right of an owner needs to be assumed.
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What was held in the case of Corcoran v Anderton (1980)?
The property does not need to be proven to leave the possession of an owner for an appropriation to be present.
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What was held in the case of Gomez?
Where consent is obtained fraudulently there is still an appropriation.
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What was held in the case of Hinks (1998)?
Where consent is obtained genuinely this does not prevent there being an appropriation, consent is a matter concerned with dishonesty and an appropriation can still be dishonest where in civil law it was regarded as a valid gift.
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What is the second element of theft?
Property
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What section is property contained in?
S4
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What does s4 define property as?
Property includes money, real and personal property, things in action and other intangible property.
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What was held in the case of Oxford v Moss (1978)?
Knowledge does not amount to property for the purposes of theft, so cannot be stolen for the purposes of theft.
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What was held in the case of Oxford v Moss (1978)?
Knowledge does not amount to property for the purposes of theft, so cannot be stolen for the purposes of theft.
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What was held in the case of Kelly v Lindsay (1998)?
Corpses/body parts do not amount to property for the purposes of theft unless they acquire different attributes by virtue of skill.
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What does not amount to property?
Wild flowers and animals (unless stolen for reward or commercial purposes) and electricity are not property for the purposes of theft.
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What is the third element of theft?
Belonging to another
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Where is belonging to another contained?
S5
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What does s5 define belonging to another as?
Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest.
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What was held in the case of Turner(No.2)(1971)?
Property can still be regarded as belonging to another if the defendant is the legal owner because the rights of possession and control can be separated from ownership if the defendant needs to pay his bill etc.
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What was held in the case of Woodman (1974)?
Property can still be regarded as belonging to another even if the owner is not aware they are in possession of it.
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What was held in the case of Ricketts v Basildon MC?
A person donating items maintain ownership of the property as they maintain a proprietary interest in it until it has been received by the intended new owner.
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What did s5(3) of the Theft Act 1968 state?
Where a person receives property under an obligation to deal with it in a certain way, the property shall still be regarded as belonging to another.
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What was held in the case of Davidge v Bunnet?
Money given to a flatmate to pay the gas bill was still regarded as belonging to another because it has been received under a legal obligation to be dealt with in a particular way. There was a clear intent to create legal relations.
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What was held in the case of Hall (1972)?
The money given to a travel agent was not regarded as belonging to another because there was no obligation to use their money in a certain way so it could just be put into the travel company’s general account.
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What did s5(4) of the Theft Act 1968 state?
Where property is received by mistake the receiver is under an obligation to make restoration of the property.
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What was held in the AG’s Reference (1985)?
Where additional money is paid into an employee’s bank account my mistake they are under a legal obligation to make restoration as the property is regarded as belonging to another still.
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What is the fourth element of theft?
Dishonesty
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What section is dishonesty contained in?
S2
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What does s2 of the Theft Act 1968 not provide?
A definition of dishonesty.
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What was held in the case of R v Feeley?
Dishonesty is a matter for the jury to decide.
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What is held under s2(1)(a) of the Theft Act 1968?
A person’s appropriation will not be regarded as dishonest where they had the belief in law they had the right to deprive the other of it.
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What is held under s2(1)(b) of the Theft Act 1968?
A person’s appropriation of property will not be regarded as dishonest where they had the belief that they would have had the owner’s consent had they known.
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What is held under s2(1)(c) of the Theft Act 1968?
A persons appropriation will not be regarded as dishonest where they had the belief that owner cannot be discovered by taking reasonable steps.
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What was held in the case of Robinson (1977)?
The defendant was able to prove he believed under s2(1)(a) that he had the right in law to deprive the other of the property.
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What is the Ghosh test?
1. Would the defendant’s behaviour be regarded as dishonest by the standards of the reasonable and honest person? 2. Was the defendant aware that his conduct would be regarded as dishonest by the reasonable and honest person?
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What does s2(2) of the Theft Act 1968 say?
A person’s appropriation of property may be dishonest even though he is willing to pay for the property.
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What does s1(2) of the Theft Act 1968 say?
It is immaterial whether the appropriation is made with a view to gain or is made for the thief’s own benefit.
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What is the fifth element of theft?
Intention to permanently deprive.
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What section is intention to permanently deprive contained in?
S6
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What is intention to permanently deprive?
Intention to treat the thing as his own to dispose of.
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What does intention to treat the thing as his own to dispose of include?
A borrowing or lending that is for a period making it equivalent to an outright disposal.
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What was held in the case of Lavender (1994)?
Intention to dispose of was changed to intention to treat the thing as your own to deal with.
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What was held in the case of Raphael and Another (2008)?
Taking property and offering to sell it back to the owner still amounts to an intention to permanently deprive.
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What was held in the case of Velumyl (1989)?
If a person takes money and intends to replace it this is still intention to permanently deprive as they will not be returning the same notes they took in the first place.
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What was held in the case of DPP v J and others (2002)?
The taking of property and returning it in a damaged state can still be intention to permanently deprive.
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What was held in the case of Lloyd (1985)?
Borrowing and lending means borrowing the property and keeping it until the goodness, the virtue and the practical value is gone from the item.
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What was held in the case of Lloyd (1985)?
Borrowing and lending means borrowing the property and keeping it until the goodness, the virtue and the practical value is gone from the item.
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What was held in the case of Easom?
Conditional intent to steal will not suffice for theft as it is not regarded as intention to permanently deprive.
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Other cards in this set

Card 2

Front

What is the first element of theft?

Back

Appropriation

Card 3

Front

What section is appropriation contained in?

Back

Preview of the front of card 3

Card 4

Front

What does appropriation mean?

Back

Preview of the front of card 4

Card 5

Front

In s3, what extra is added about appropriation?

Back

Preview of the front of card 5
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