15 Questions
How many rights of the owner must be assumed to appropriate property?
One
Can you appropriate property with the owners consent?
Yes
Can you appropriate a valid gift?
Yes
Karen picks blackberries from the side of the road, makes them into jam and sells the jam in aid of charity. Are the blackberries capable of being stolen?
Yes
Gloria picks wild mushrooms on her walks through the woods and uses them to cook with in her restaurant. Gloria has stolen the mushrooms.
True
Property can belong to more than one person for the purposes of the Theft Act 1968.
True
Dan has left his shoes to be re-heeled at a shop. He takes them from the shop while the assistants back is turned without paying for them.
What section of the Theft Act 1968 is required for the property to belong to another?
Section 5(1)
S5(4) creates a legal obligation to make restoration of the property got by another's mistake.
False
Helen shares a taxi with her friend Sally, who gets out first. Sally gives Helen money to pay for the taxi and extra money to tip the driver. Helen keeps the money she was given for the tip.
What section of the Theft Act 1968 is required for the property to belong to another?
Section 5(3)
Dishonesty is defined in the Theft Act 1968.
False
The Theft Act 1968 section 2 provides three situations in which an appropriation of property is not to be regarded as dishonest: belief in a right in law, another’s consent and that the owner cannot be discovered by taking reasonable steps. What type of belief is required by the Theft Act 1968 for a defendant not to be regarded as dishonest?
Subjective- the defendant’s belief must be genuinely held
Which one of the following statements is the most accurate on the test for dishonesty?
Two questions need to be asked- (i) What was the defendant’s knowledge and belief as to the facts? (ii) Given that knowledge and those beliefs, was the defendant dishonest by the standards of ordinary decent people?
Kitty takes a carton of milk belonging to Fiona. She intends to replace it later that day. Which of the following best describes her intention to permanently deprive?
Kitty’s intention to return Fiona’s carton of milk with another is still intention to permanently deprive
In which one of the following situations does section 1(1) Theft Act 1968 rather than section 6(1) need to be referred to in order to establish intention to permanently deprive?
D takes V’s property with an intention to keep it
Which is the wider definition of the term ‘to treat the thing as his own to dispose of regardless of the other’s rights’?
Intending to treat it in a manner which risks its loss
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