Theft: appropriation and property

Overview

Recall questions on the five elements, whether an owner's consent prevents appropriation, Gomez and Hinks, what counts as property, and when land or wild plants can be stolen.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   Give the statutory definition of theft.

   Model answer

   Section 1 of the Theft Act 1968 provides that a person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

2. 2

   Name the five elements of theft and the sections that deal with them.

   Model answer

   Dishonesty in section 2, appropriation in section 3, property in section 4, belonging to another in section 5, and intention permanently to deprive in section 6.

3. 3

   What is the maximum sentence for theft?

   Model answer

   Theft carries a maximum of seven years' imprisonment on conviction on indictment.

4. 4

   How does section 3 define appropriation?

   Model answer

   Appropriation is any assumption of the rights of an owner, including where the defendant came by the property innocently and later keeps or deals with it as owner.

5. 5

   Does appropriation require the defendant to assume all the owner's rights?

   Model answer

   No, R v Morris (1983) held that assuming any one of the owner's rights is enough, so switching price labels on goods is an appropriation.

6. 6

   Can there be an appropriation where the owner consents?

   Model answer

   Yes, Lawrence v Metropolitan Police Commissioner (1972) held that a taxi driver who took extra money from a tourist's open wallet appropriated it even though the passenger allowed him to.

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