Theft

Question 1

What is the definition of theft under the Theft Act 1968?

Answer 1

Theft is when a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
## Footnote
Defined under section 1 Theft Act 1968.

Question 2

What are the five elements of theft?

Answer 2

Appropriation, property, belonging to another, dishonesty, and intention to permanently deprive.
## Footnote
All elements must be proven.

Question 3

Which section of the Theft Act covers appropriation?

Answer 3

Section 3 Theft Act 1968.
## Footnote
This is usually the first element considered.

Question 4

How does s3(1) Theft Act 1968 define appropriation?

Answer 4

Any assumption by a person of the rights of an owner.
## Footnote
Assuming even one right is sufficient.

Question 5

What does assumption mean in appropriation?

Answer 5

Taking on or over an owner’s rights.
## Footnote
Includes selling, destroying, or lending.

Question 6

Which case shows replacing price labels is appropriation?

Answer 6

R v Morris.
## Footnote
Assuming one right of ownership is enough.

Question 7

Which case shows offering stolen goods for sale can be appropriation?

Answer 7

R v Pitham & Hehl.
## Footnote
Selling or offering to sell counts.

Question 8

Which case shows consent does not always prevent appropriation?

Answer 8

Lawrence v MPC.
## Footnote
Consent must be genuine.

Question 9

Which case shows accepting a valid gift can still be appropriation?

Answer 9

R v Hinks.
## Footnote
Applies where the donor is vulnerable.

Question 10

Which section of the Theft Act defines property?

Answer 10

Section 4 Theft Act 1968.
## Footnote
Broad definition.

Question 11

How does s4 Theft Act 1968 define property?

Answer 11

Money, real or personal property, including things in action and other intangible property.
## Footnote
Covers tangible and intangible items.

Question 12

What is meant by a thing in action?

Answer 12

A legal right that can be enforced, such as money in a bank account.
## Footnote
It is intangible property.

Question 13

What is intangible property?

Answer 13

Property that cannot be physically touched or held.
## Footnote
E.g. copyright.

Question 14

Can land be stolen under the Theft Act?

Answer 14

Generally no, but there are exceptions.
## Footnote
Land is usually excluded.

Question 15

When can land be stolen?

Answer 15

If land is severed, fixtures are removed, or someone abuses legal authority over land.
## Footnote
Set out in section 4(2).

Question 16

Which case shows bodily fluids can be property?

Answer 16

R v Welsh.
## Footnote
Urine sample was property.

Question 17

Are corpses or body parts property?

Answer 17

No, unless they have acquired value through skill or preservation.
## Footnote
General rule with an exception.

Question 18

Which case shows body parts are not property?

Answer 18

R v Kelly and Lindsay.
## Footnote
But value can make them property.

Question 19

Is information property under the Theft Act?

Answer 19

No.
## Footnote
Information alone cannot be stolen.

Question 20

Which case shows information is not property?

Answer 20

Oxford v Moss.
## Footnote
Exam information was not property.

Question 21

Which case shows exam papers can be property?

Answer 21

R v Akbar.
## Footnote
Physical papers were personal property.

Question 22

Which section of the Theft Act defines belonging to another?

Answer 22

Section 5 Theft Act 1968.
## Footnote
Focuses on possession and control.

Question 23

How does s5(1) define belonging to another?

Answer 23

Property belongs to another if they have possession, control, or a proprietary interest.
## Footnote
Ownership is not required.

Question 24

Which case shows property can belong to someone in possession or control?

Answer 24

R v Turner.
## Footnote
Stole his own car from a garage.

Question 25

What happens if the original owner abandons property?

Answer 25

It may no longer belong to another. ## Footnote Depends on intention to abandon.

Question 26

Which case involves stealing from a donation bin?

Answer 26

Ricketts v Basildon Magistrates’ Court. ## Footnote Items still belonged to the charity.

Question 27

What does s5(3) Theft Act 1968 provide?

Answer 27

Property given under a legal obligation to use in a particular way still belongs to the giver. ## Footnote Misuse counts as theft.

Question 28

Which case illustrates s5(3)?

Answer 28

Davidge v Bunnett. ## Footnote Money given for gas was misused.

Question 29

What does s5(4) Theft Act 1968 provide?

Answer 29

Property given by mistake still belongs to the giver if there is an obligation to return it. ## Footnote Failure to return can be theft.

Question 30

Which case illustrates s5(4)?

Answer 30

AG’s Reference (No 1 of 1983). ## Footnote Overpayment created obligation to return.