Question 1

The definition of appropriation in s3(1)Theft Act 1968 encapsulates which of the following:

Accepted Answer

Appropriation under s3(1) of the Theft Act 1968 involves assuming any rights of the owner, which means taking on the rights of ownership, not necessarily physically taking something.

Question 2

In paying for a taxi-fare, V, who understands little English, holds out his wallet so that D may take the fare. D takes four times the true amount which V assumes is correct. Which of the following is a correct statement of the law:

Accepted Answer

The law states that appropriation can occur even with the owner's consent if the consent is not informed or is obtained through deception. Here, V's lack of understanding and D's actions constitute appropriation.

Question 3

D puts an item from a supermarket shelf into her basket intending not to pay for it. She leaves the shop with the item without paying. When does appropriation occur:

Accepted Answer

D

Question 4

Look at the scenario in question 3 above. When does D commit theft:

Accepted Answer

The answer of Look at the scenario in question 3...

Question 5

D offers to sell a painting to V. Thinking it is an original, V offers £3000 which D accepts. In fact, it is only a limited edition print worth £75. D is aware of V's mistake but keeps silent. Which of the following represents the law:

Accepted Answer

D commits theft because he appropriates the money with a dishonest intention, knowing that V is mistaken about the nature of the painting. The contract being valid under civil law does not negate the dishonest appropriation of money.

Question 6

D secretly obtains V's cheque card and withdraws £200 from V's bank account at a cash point. V only had £150 in his bank account. Which of the following represents the law:

Accepted Answer

D has appropriated and stolen the £150, which was the credit balance in V's account, as this represents a debt owed by the bank to V. The additional £50, which exceeded the account balance, was not V's property, but D's actions would still constitute a fraud offense for the entire amount.

Question 7

D takes away a neighbour's free-standing conservatory and an olive tree growing inside in a pot. He then removes some bathroom fittings from his flat of which he is the tenant as well as a television. Which of the following apply:

Accepted Answer

The conservatory is considered a fixture and can be stolen under s4(2)(b), the bathroom fittings are part of the flat and can be stolen under s4(2)(c), and the olive tree and television are personal property that can be stolen under s4(1).

Question 8

D fills up his tank with petrol at a garage and leaves without paying. Which of the following represents the law:

Accepted Answer

In the case of Edwards v Ddin [1976], it was held that once the petrol is in the tank, it becomes the property of the person who filled it, and thus, it may not be considered theft under the law.

Question 9

D is an hourly paid worker. D claims payment for hours which he has not worked in order to get compensation for work completed months ago which is as yet unpaid. Which of the following represents the law on dishonesty:

Accepted Answer

The answer of D is an hourly paid worker. D...

Question 10

D takes V's monthly rail pass and uses it for three weeks before handing it back to V. Which of the following represents the law:

Accepted Answer

D has stolen the pass because the goodness, virtue and practical value has gone.

Quiz 8: Property Offences I

The definition of appropriation in s3(1) Theft Act 1968 encapsulates which of the following: