Theft Quiz

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Theft is defined in what section of the Theft Act 1968
S1
1 of 35
For the mens rea of theft, the defendant must appropriate property belonging to another
Fasle
2 of 35
The defendant sold furniture belonging to another person - appropriation is assuming the rights of the owner
Pitham and Hehl
3 of 35
The defendant switched labels on items on a supermarket shelf - appropriation can be of any of the rights
Morris
4 of 35
The defendant spoke little english, got in a taxi and handed the driver a note, the driver said this wasnt enough so the student handed his wallet asking the driver to take what he needed, the driver took too much
Lawrence
5 of 35
An appropriation can take place even where the property is handed over with the victims consent
Lawrence
6 of 35
Where the goods are released against worthless cheques without the defendant realising, then this can be appropriation even with consent
Gomez
7 of 35
An appropriation can take place even when the property is given as a voluntary gift
Hinks
8 of 35
A later assumption of a right is under section
3 (1)
9 of 35
Property includes money and all other property including real or personal, things in action and other intangible property
S4 (1)
10 of 35
What is under s4 (3)
A person foraging for food will not be liable unless he/she does so in order to get paid or sell them on
11 of 35
What is under s4 (4)
A person who traps a wild animal will not be liable unless the animal has already been reduced into possession
12 of 35
What is under S4 (2)
Real property - land can only be stolen in 3 ways
13 of 35
S4 (2) a)
A personal representative or trustee takes land in breech of his duties
14 of 35
A person can steal land if they have the ability to transfer the land to another, however this is not his to transfer
S4 (2) a)
15 of 35
A person can commit theft of things forming part of the land that the owner has not allowed them to possess
S4 (2) b)
16 of 35
In this case, it was decided that body parts could be (personal) property, but only if they had acquired different attributes by virtue of application or skill eg preservation
Kelly
17 of 35
Property includes prohibited drugs as the exceptions do not mention unlawful items
R v Smith
18 of 35
Tickets such as train tickets and parking tickets represent things in action, they represent a right to be there, a case illustrating this is
Marshall
19 of 35
In A-G's reference no1 of 1983-1985 the defendant had received property by mistake and
Was under obligation to make restoration
20 of 35
Where money is held in a trust for someone, that money is money that belongs to another
Wain
21 of 35
Where money or cheques are given for a particular purpose, they must be used for that purpose or they can be convicted of theft
Davidge and Bunnet
22 of 35
A person can be convicted of theft where he steals another persons right over goods, this right extended until a repair bill was paid, this lead to the D stealing his own car
Turner
23 of 35
Property that is abandoned by its owner may become the property of those that remove it - the council
Williams v Phillips
24 of 35
A person may be in control of property he does not know he possesses, eg scrap metal in a disused factory
Woodman
25 of 35
For dishonestly to be proven, the Gosh test is used, the first part is 'was the action dishonest by the standards of reasonable and honest people?', the second part is
If so did the defendant realise what he was doing was dishonest by those standards
26 of 35
Under section ___, even if the defendant says he/she will pay or has left money he may still be liable
S2 (2)
27 of 35
Under S2 (1) a)
If the defendant had a right in law to deprive the other of property, on behalf of himself or another then he will not be liable
28 of 35
Under S2 (1) b)
If the defendant would have the other persons consent if the owner knew of the appropriation and the circumstances of it
29 of 35
Under S2 (1) c)
If the person to whom the property belongs cannot be discovered by taking reasonable steps then the defendant will not be liable
30 of 35
In _______ the courts ruled that dispose of also included dealing with property
DPP v Lavender
31 of 35
In this case the defendant took doors from a council property that was being repaired and used them to replace damaged doors in his girlfriend's council flat. They had been 'dealt with' without permission from the council, so D was guilty
Lavender
32 of 35
In this case, it was held that notes concerning borrowing in S6 meant that borrowing the property and keeping it until the goodness and the virtue and the practical value has gone out of the item
Lloyd
33 of 35
A conditional intention to deprive is not enough
Easom
34 of 35
If the defendant offers to sell back the victim his own property, this can be seen as an intention to permanently deprive through treating the item as his own
Raphael and another
35 of 35

Other cards in this set

Card 2

Front

For the mens rea of theft, the defendant must appropriate property belonging to another

Back

Fasle

Card 3

Front

The defendant sold furniture belonging to another person - appropriation is assuming the rights of the owner

Back

Preview of the front of card 3

Card 4

Front

The defendant switched labels on items on a supermarket shelf - appropriation can be of any of the rights

Back

Preview of the front of card 4

Card 5

Front

The defendant spoke little english, got in a taxi and handed the driver a note, the driver said this wasnt enough so the student handed his wallet asking the driver to take what he needed, the driver took too much

Back

Preview of the front of card 5
View more cards

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