Theft Act 1968 Paper 1 Section B Offences Against the Property

Theft is defined under the ___

Theft Act 1968 s.1(1)

s.1(1) of the Theft Act defines theft as…

“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.”

Dishonesty comes under what section

s.2 of the Theft Act 1968

What’s the legal definition for Dishonesty under its section

s.2 where there is no legal definition however the case of R v Feely confirmed “dishonesty” is a matter for the jury to decide. Section 2 also provides us with the 3 exceptions when the D will not be regarded as dishonest.

Appropriation comes under what section

s.3 of the Theft Act 1968

What is the legal definition for Appropriation under its retrospective section?

s.3 states “Any assumption of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property without stealing it, any later assumption of a right to it by keeping it or dealing with it as owner.”

Property comes under what section

s.4 of the Theft Act 1968

What is the legal definition of Property alongside its retrospective section

s.4(1) which states “Property” includes money and all other property, real or personal, including things in action and other intangible property.”

Belonging to another comes under what section

s.5 of the Theft Act 1968

What is the legal definition of Belonging to another under its specified section

s.5(1) which states “Property shall be regarded as belonging to any person having possession or control of it, or having it in any proprietary right or interest.”

Intention to permanently deprive comes under what section

s.6 of the Theft Act 1968

What is the legal definition for Intention to permanently deprive under its section

s.6 states 1) intention to treat the thing as his own to dispose of regardless of the others rights, 2) a borrowing or lending can amount to intent to permanently deprive

Which 3 elements of the Actus Reus make up theft alongside their section

Appropriation under s.3, Property under s.4(1), and Belonging to another under s.5(1)

Which 2 elements of the Mens Rea make up theft alongside their sections if present

Dishonesty under s.2 which provides the 3 exceptions and R v Feely, Intention to permanently deprive under s.6

According to the Theft Act 1968, the maximum penalty for theft is ___ years imprisonment.

7

The term 'dishonest' in the Theft Act 1968 is assessed by the standards of ___.

reasonable and honest people

To prove theft, it must be shown that there was an intention to permanently ___ the property.

deprive

The concept of 'theft by finding' occurs when a person finds property and intends to ___

treat it as their own to dispose of

what section will a person guilty of theft be charged under?

s.7

what does the case Morris tell us about Appropriation?

The assumption of any rights of the owner will be an appropriation.

what does the case of Gomez tell us about Appropriation?

Even with the owner’s consent, there can still be an appropriation.

What does Hinks tell us about Appropriation?

Because the issue of consent us related to dishonesty, there was no appropriation. Under the civil law the property was seen as a gift.

What are the 5 types of Property?

Money, real or personal property, things in action, and other intangible property.

State the sections on what cannot be stolen in the Property element

s.4(3) mushrooms growing and who picks flowers, fruit or foliage from a plant growing on any land. s.4(4) wild and tamed creatures.

What does Oxford v Moss tell us about Property?

Knowledge of the question on an examination paper was held not to be property.

what does Kelly and Lindsay tell us about Property?

the body parts were property as by virtue the application of skill was for exhibition and dissection.

What does Webster tell us about Belonging to another?

The Secretary of State had “clearly” retained a proprietary interest in the medal.

What does Turner (no.2) tell us about Belonging to another?

Possession and ownership were separated when D stole his own property.

What does the case of R v Feely tell us about Dishonesty?

“dishonesty” is a matter for the jury to decide

What are the 3 exceptions when the D will not be regarded as dishonest under s.2 Theft Act 1968?

s.2(1)(a) the belief he has the right to deprive the other of it, (b) the belief he would have the owner’s consent or (c) the belief that the owner to whom the property belongs to cannot be discovered by taking reasonable steps.

What are the two questions the Ghosh test asks to determine Dishonesty?

1) Would D’s behaviour be regarded as dishonest by the reasonable and honest people? 2) Would the D be aware that his conduct was dishonest by the reasonable and honest people?

When the Ghosh test was reformed by Ivey v Genting and Casinos, what question did it set out to establish Dishonesty?

The Ivey test asks whether the D’s conduct was dishonest by the reasonable and honest people? Subjective element from Ghosh test was removed and left with an objective test.

What does the case of Lavender tell us about treating to your own to dispose of under Intention to permanently deprive?

The D took the doors intending to treat them as his own regardless of the Council’s rights.

What does the case of Lloyd tell us about a borrowing or lending under Intention to permanently deprive?

There was no theft as the value was retained. If by virtue the practical value has gone out of the article, it can be considered as theft.