Theft

• What is theft defined as in the study material?

  Theft is when a person dishonestly appropriates property with the intention of permanently depriving the other of it.
• What must be proven to establish theft according to the study material?

  The actus reus and mens rea must be proven.
• What is the maximum sentence for theft under the Theft Act 1968?

  The maximum sentence is 7 years.
• What is the first element to prove in a theft case according to Section 3?

  The first element to prove is appropriation.
• What does Section 4 state regarding property in theft cases?

  Property includes money and all other property, real or personal, including things in action and other intangible property.
• What types of property are considered under the definition of property in theft?

  Property includes money, real property (land and buildings), and personal property.
• What case established that human remains can be considered property?

  R v Kelly and Lindsay established that human remains can be considered property.
• What was the ruling in the case of R v Hinks regarding appropriation?

  The court ruled that appropriation can occur even where consent is invoked.
• How does appropriation relate to consent in theft cases?

  Appropriation can still take place even where consent is invoked.
• What does Section 5 state regarding property belonging to another?

  Property shall be regarded as belonging to another person having possession or control over it.
• What is the mens rea requirement for theft?

  The mens rea requirement includes dishonesty and the intention to permanently deprive the owner of the property.
• What does the case of R v Turner illustrate about possession and control in theft?


  In R v Turner, the defendant did not pay for his car, and the garage had possession and control over it, illustrating that possession can belong to another.
• How does the case of R v Lloyd relate to the intention to permanently deprive?

  In R v Lloyd, the court ruled that there was no intention to permanently deprive as the films were returned in time and retained their practical value.
• What is the significance of the case of Davidge v Burnett in relation to legal obligations and theft?

  In Davidge v Burnett, the defendant was convicted of theft for using property received under an obligation for personal use instead of paying the bill.
• What does the term "ownerless property" refer to in the context of theft?

  Ownerless property refers to abandoned property that still belongs to the original owner unless it is relinquished to the council.
• What is the ruling in the case of Williams v Phillips regarding refuse collection and theft?

  In Williams v Phillips, the court ruled that the employees were guilty of theft after selling rubbish they collected, as they had possession and control over it.
• How does the case of A v Small illustrate the concept of reasonable steps in theft?

  A v Small illustrates that a person can be guilty of theft if they do not take reasonable steps to return property to its rightful owner.
• What does the case of R v Raphael demonstrate about the intention to permanently deprive?


  R v Raphael demonstrates that the intention to permanently deprive can be established if the defendant intends to sell the property for ransom.
• What is the significance of the case of R v Hinks regarding gifts and dishonesty?

  R v Hinks established that gifts can be considered theft if given under a dishonest state of mind.
• What does the term "conditional intention" refer to in the context of theft?

  Conditional intention refers to the intention to take something only if certain conditions are met.
• How does the case of Fiddy v Numan relate to the concept of intention in theft?

  Fiddy v Numan illustrates that a defendant is not guilty of theft if they change their mind before leaving the shop with the property.
• What is the role of mens rea in establishing theft?

  Mens rea is crucial in establishing theft as it demonstrates the defendant's intention and dishonesty.
• What does the term "intangible property" refer to in the context of theft?

  Intangible property refers to property that cannot be physically touched, such as patents or bank accounts.
• How does the case of Marshall relate to the concept of property in theft?

  Marshall illustrates that a travel card can be classified as property even though it is not a physical document.
• What is the significance of the case of R v Abrahams in relation to theft across borders?

  R v Abrahams demonstrates that theft can be prosecuted even if the crime occurs in different countries.
• What does the term "proprietary interest" refer to in the context of theft?

  Proprietary interest refers to the legal right to possess or control property.
• What is the definition of "actus reus" in the context of theft?

  Actus reus refers to the physical act of committing theft.
• How does the case of R v Rabunson illustrate the concept of theft?

  R v Rabunson illustrates that a person can be guilty of theft if they do not return property that was mistakenly given to them.
• What is the relationship between appropriation and mens rea in theft cases?

  Appropriation must be accompanied by mens rea, which includes dishonesty and the intention to permanently deprive the owner.
• What does the term "intention to permanently deprive" mean in the context of theft?

  It means the defendant intends to treat the property as their own and dispose of it in a way that the owner cannot recover it.
• What is the significance of the case of R v Mass in relation to theft?


  R v Mass illustrates that confidential information is not considered intangible property for the purposes of the Theft Act 1968.
• How does the case of DPP v Jand illustrate the concept of theft?

  DPP v Jand illustrates that a defendant can be guilty of theft if they deprive the owner of their property, regardless of their intentions.
• What is the importance of establishing the actus reus in theft cases?

  Establishing the actus reus is crucial as it demonstrates the physical act of theft that occurred.
• What does the term "theft" encompass in legal terms?

  Theft encompasses the dishonest appropriation of property with the intention of permanently depriving the owner of it.
• What is the role of the Crown Court and Magistrates' Court in theft cases?

  Theft can be held in either the Crown Court or Magistrates' Court.
• How does the case of R v Abrahams relate to the concept of theft across borders?

  R v Abrahams demonstrates that theft can be prosecuted even if the crime occurs in different countries.