Chapter 11 Multiple choice questions

. Which of the following is an accurate list of the actus reus of theft contrary to s. 1 Theft Act 1968?

Dishonestly appropriating property.

Taking some property from the owner without their consent.

Appropriating property belonging to another.

Permanently depriving another of property.

. Which of the following statements is the most accurate description of appropriation?

The assumption by D of all of the rights of the owner.

The assumption by D of more than one of the rights of the owner.

The assumption by D of one of the rights of the owner.

The assumption by D of any of the rights of the owner without consent.

. Which of the following statements is FALSE?

An appropriation takes place where D adversely interferes with an owner's right.

An appropriation takes place even if D does not adversely interfere with an owner's right.

An honest shopper appropriates property belonging to another as soon as he takes an article from the shelf.

A dishonest shopper appropriates property belonging to another as soon as he takes an article from the shelf.

. Which of the following statements is FALSE?

The House of Lords held in Hinks (2001) that the Gomez (1993) principle applies to an acquisition of a gift.

The House of Lords held in Hinks (2001) that the Gomez (1993) principle does not apply to an acquisition of a gift.

The House of Lords' decision in Hinks (2001) seems to bring the criminal law into a conflict with the civil law.

It is possible to appropriate property without physically handling it.

. Which of the following is TRUE in respect of s. 5 Theft Act 1968?

Property can be stolen only from the legal owner.

Lost property cannot be stolen.

A person can be convicted of stealing his own property.

Where ownership passes on delivery under s. 18 Sales of goods Act 1893, it cannot be stolen.

. Which of the following is NOT a situation in s. 2 Theft Act 1968?

if he appropriates the property in the belief that he has in law the right to deprive the other of it.

if he appropriates the property in the belief that he would have the other's consent if the other knew.

if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

If he appropriates the property in the belief that the reasonable person would regard his appropriation as honest.

. Which of the following is the most accurate definition of the Ivey (2017) test?

Was D dishonest according to the ordinary standards of reasonable and honest people?

Did D realise that what he was doing was by the standards of reasonable and honest people dishonest?

First (a) then (b) in that order.

First (b) then (a) in that order.

. Under s. 6 Theft Act 1968, when can a borrowing amount to an intention permanently to deprive?

Never

When it is D's intention is to treat the thing as his own to dispose of regardless of the other's rights.

When D does not return the property.

When it is D's intention is to treat the thing as his own to dispose of regardless of the other's rights provided it is for a period and in circumstances making it equivalent to an outright taking or disposal.

Chapter 11 Multiple choice questions

Quiz Content