Theft

Question 1

R v Morris

Answer 1

Need only assume one right of the owner

Switching price tags is the right of the owner

Question 2

R v Pitham and Heehl

Answer 2

Offering for sale is a right of the owner

Question 3

R v Gomez

Answer 3

Consent is immaterial to appropriation

Question 4

R v Hinks

Answer 4

Possible to steal a gift

Question 5

R v Hale

Answer 5

Continuing appropriation theory - can continue for as long as held that the defendant was in the course of appropriating

Question 6

R v Adams

Answer 6

Innocent purchaser for value acquires good title to the goods unless bought in bad faith

Question 7

R v Turner (No 2)

Answer 7

Possible to appropriate your own property if under the control of another

Question 8

Williams v Phillips

Answer 8

Just because the original owner has no use of it doesn’t mean he’s abandoned it (rubbish)

Question 9

Hibbert v Mckiernan

Answer 9

Lost golf balls are not abandoned by their owners - question of whether the owner is indifferent over the fate of the property

Question 10

R v Woodman

Answer 10

Abandoned property belonged to factory who had possession or control of it (made attempts to keep out trespassers)

Question 11

Parker v British Airways Board

Answer 11

For control in a public area there must be demonstration of intention to control everything on their property (lost and found policy)

Question 12

R v Clowes (No 2)

Answer 12

If money is given under an obligation to retain or deal with it in a specific way, the property is regarded as belonging to another against the accused
Must be a leal obligation

Question 13

Davidge v Bunnett

Answer 13

Accused given money to pay utility bills by flatmates
Despite being a domestic situation, since she was legally obliged to deal with the money in a certain way the money belonged to her flatmates for the purpose of the Theft Act

Question 14

R v Wain

Answer 14

Legal obligation need to require defendant to retain and deal with actual property - sufficient if there is an obligation to deal with proceeds of this property (all fungible goods)

Question 15

R v Hall

Answer 15

No legal obligation for a travel agent to keep money separate

Question 16

R v Breaks & Huggan

Answer 16

s5(3) has no automatic application in circumstances of misapplied funds unless the accused was under a legal obligation under civil law

Question 17

R v Klineberg & Marsden

Answer 17

Due to contractual promises, defendants were under a legal obligation to deal with property and proceeds in a certain way

Question 18

AG’s Reference No 1 of 1983

Answer 18

If someone is given property by mistake they are under an obligation to restore it - s5(4) operates so the property is regarded as belonging to the person entitled to restoration

Question 19

Edwards v Ddin

Answer 19

Offence of making off without payment - ownership of petrol passes where it is placed into purchaser’s petrol tank - if dishonest intent is formed later, then this is too late as property now belongs to them

Question 20

Corcoran v Whent

Answer 20

Ownership of food passes when it is eaten

Question 21

Oxford v Moss

Answer 21

Information is capable of being stolen

Question 22

Low v Blease

Answer 22

Electricity is not capable of being stolen

Question 23

R v Kelly

Answer 23

Digging up body parts counted as theft

Question 24

R v Robinson

Answer 24

Ignorance of criminal law will not be a defence, but ignorance of civil law may be if it means the defendant’s belief is honestly held

Question 25

R v Ghosh

Answer 25

1) Was the defendant’s behaviour dishonest by the ordinary standards of reasonable and honest people?
2) Did the defendant realise that what he was doing was by those standards dishonest

Question 26

R v Lloyd

Answer 26

Intention to permanently deprive should be given its ordinary everyday meaning unless clear that defendant does not intend for the owner to lose property permanently
Ransom cases - by selling property back to original owner, the defendant has shown an intention to treat the property as his own
Borrowing will constitute permanent deprivation if it is in such a changed state that all the goodness, virtue and practical value has gone

Question 27

R v Velumyl

Answer 27

Intention to permanently deprive cannot be defeated by replacement by fungible goods

Question 28

R v Scott

Answer 28

Intention to treat curtains as her own and sell them was intention to dispose of them regardless of the original owner’s rights

Question 29

R v Cahill

Answer 29

Dispose = to deal with definitely

Question 30

DPP v J

Answer 30

Property may be disposed of by destruction or being rendered useless

Question 31

R v Waters

Answer 31

Ransom cases - might not be an intention to permanently deprive if condition can be easily fulfilled in the immediate future

Question 32

R v Fernandes

Answer 32

Dealing with it in a manner that he knows is risking its loss - speculative investments with client money

Question 33

R v Vinall

Answer 33

No requirement of actual disposal, or intention to dispose of in any particular way - requirement of a state of mind

Question 34

R v Mitchell

Answer 34

Dealing with property is insufficient, must try to dispose of it or risk its loss

Question 35

R v Beecham

Answer 35

Stole railway tickets intending to return once all the journeys had been used up -all the goodness virtue and practical value would have gone