9084 · 2.2.1
Theft as defined in s1 Theft Act 1968 flashcards
Revision flashcards for Cambridge 9084 Theft as defined in s1 Theft Act 1968 (syllabus 2.2.1). Flip, recall, then mark a real past-paper question.
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s1(1) theft definition?
Dishonestly appropriates property belonging to another with intent to permanently deprive.
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Appropriation (s3)?
Any assumption of the rights of the owner — includes later appropriation (Morris v CW Green).
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Gomez principle?
Appropriation can occur even with owner's consent if obtained by deception.
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Ivey dishonesty test?
(1) What was the defendant's actual state of knowledge or belief as to the facts? (2) In light of this, was their conduct dishonest by the standards of ordinary, decent people?
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Belonging to another (s5)?
Possession, control, or proprietary right — includes trust property (Turner v Snr).
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Intent to permanently deprive?
Treat as own to dispose of — borrowing can suffice if treated as own (Velumyl, Lavender v DPP).
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What are the five elements of theft under s1 TA 1968?
Actus Reus: (1) Appropriation (s3), (2) Property (s4), (3) Belonging to another (s5). Mens Rea: (4) Dishonesty (s2), (5) Intention to permanently deprive (s6).
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What is the legal principle from R v Gomez (1993) regarding appropriation?
An appropriation can occur even if the owner consents to the defendant taking the property. It confirmed the decision in Lawrence v MPC and established that an adverse interference with the owner's rights is not required.
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What is the current test for dishonesty in theft?
The objective test from Ivey v Genting Casinos (2017). The court asks: 1. What was the defendant's actual state of knowledge or belief as to the facts? 2. In light of this, was their conduct dishonest by the standards of ordinary, decent people?
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Can you steal your own property?
Yes, under s5(1) TA 1968. Property 'belongs to another' if that person has possession or control of it. In R v Turner (No 2), the defendant was guilty of stealing his own car from a garage that had possession and control of it for repairs.
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What does s6 TA 1968 clarify about 'intention to permanently deprive'?
It extends the meaning to include situations where the defendant treats the property as their own to dispose of, regardless of the owner's rights (R v Lavender), or where they borrow it for a period and in circumstances making it equivalent to an outright taking (R v Lloyd).
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What is the bona fide purchaser exception in s3(2) TA 1968?
A person who buys property in good faith and for value is not guilty of theft, even if the seller did not have legal title. This protects innocent buyers.
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Explain the principle from A-G's Ref (No 1 of 1983).
Where a person receives property by another's mistake (e.g., overpayment of wages) and is under a legal obligation to return it, the property is treated as 'belonging to' the person entitled to get it back for the purposes of theft (s5(4) TA 1968).
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When can land be stolen under s4(2) TA 1968?
Land can only be stolen in three specific situations: (1) by a trustee abusing their position, (2) by someone not in possession severing something from the land (e.g., digging up turf), or (3) by a tenant taking a fixture.
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What is the 'ransom' principle for intention to permanently deprive?
If a person takes property and will only return it on condition of a payment, they are considered to have an intention to permanently deprive. They are treating the property as their own to dispose of (R v Raphael).
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What did Davidge v Bunnett (1984) establish regarding s5(3)?
It confirmed that if a person is given property (e.g., money) under a legal obligation to use it for a specific purpose (like paying a bill) and uses it for something else, they can be guilty of theft.