Deck 8: Theft, Handling, and Robbery

Question 1

Which of the following are included in the definition of theft? [Please select all that apply]

A) The defendant must appropriate property belonging to another.
B) The defendant must act dishonestly.
C) The defendant must act maliciously.
D) The defendant must intend to permanently deprive the victim of the property.

Answer 1

A,B,D
Explanation: Theft requires proof that the defendant dishonestly appropriated property belonging to another with intention to permanently deprive them of it.

Question 2

Land cannot be stolen.

Answer 2

True
Explanation: Section 4(1) of the Theft Act 1968 makes it clear that land cannot be stolen.

Question 3

Information is not property which can be stolen.

Answer 3

True
Explanation: Oxford v Moss held that information is not capable of being the subject of theft.

Question 4

Appropriation is any ____ by a person of the rights of an owner.

Question 5

What was the key point made by the House of Lords in Gomez?

A) An appropriation only took place if the act was without the consent of the owner.
B) Theft and obtaining property by deception were completely overlapping crimes.
C) There could be an appropriation of property even if the victim consented to the defendant's acts.
D) To be guilty of theft the defendant must be acting dishonestly.

Question 6

Borrowing can never be theft.

Question 7

A person who believes they are acting honestly cannot be found dishonest in the eyes of the law.

Question 8

What are the two main elements of the offence of robbery?

A) theft and the use or threat of force
B) theft and entry as a trespasser into a building
C) theft and dishonesty
D) theft and wounding

Question 9

Section 8(2) of the Theft Act 1968 creates the offence of assault with intent to ____

Question 10

Section 22 of the Theft Act 1968 involves the offence of _____ stolen goods