Chapter 10 Multiple choice questions

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

That D must actually take something.

That D must assume a right of ownership.

That D must obtain something without the owner's consent.

That D will not appropriate until s/he deals with it as an owner.

. 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:

S1(1) is silent on the question of consent, and this therefore relieves the prosecution of the burden of proving that an appropriation was without the owner's consent. The consent of V here would not prevent D's acts from amounting to an appropriation.

An appropriation involves not an act by consent but an act which is by way of adverse interference with the owner's rights. Therefore, there is no appropriation here.

The only time one can appropriate with the consent of the owner is when consent has been obtained by false representation. Therefore, D has appropriated.

D's only offence is one of fraud not theft because he has tricked V into handing over the money.

. 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:

When she leaves the shop.

When she goes through the check-out.

When she puts the item in her basket.

When she picks the item off the shelf.

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

When she leaves the shop.

When she goes through the check-out.

When she puts the item in her basket.

When she picks the item off the shelf.

. 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:

D commits theft when he appropriates the money with a dishonest intention despite the contract being valid under civil law.

D commits theft when he appropriates the money with a dishonest intention because the contract under civil law is void.

D does not commit theft because V should have inspected the painting more carefully.

D does commit theft because his conduct is immoral.

. D secretly obtains V's bank 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:

D has appropriated and stolen a debt owed to V by the bank of the credit balance in his account, i.e.: £150. V had no right to any further money and therefore, D has not stolen the further £50 from V. D will, though, have committed a fraud offence in relation to the entire amount. See next chapter.

V owned £150 in exact notes and coins but no more. Therefore, D has stolen only £150.

D has stolen nothing because you cannot appropriate intangible property.

D has stolen the entire amount from the bank.

. 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:

Land and fixtures cannot be stolen according to s4, so D has only stolen the olive tree and television under s4(1).

D steals everything under the general property provisions of s4(1).

D steals the conservatory under s4(2)(b), the bathroom fittings under s4(2)(c) and the tree and television under s4(1).

D steals nothing because s4 is too uncertain.

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

D has stolen the petrol simply because he was dishonest.

D stole the petrol because it still belonged to the garage until payment.

D has stolen the petrol because the seller retained an interest in the petrol.

D may not have stolen anything belonging to another because once in his tank the petrol belonged to him (Edwards v Ddin [1976]).

. 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:

D will be dishonest because it is always dishonest to lie.

It will be entirely up to the jury as a question of fact as to whether D is dishonest.

D's conduct is objectively dishonest but if he genuinely believes himself to be acting honestly then he may have a defence.

The question of dishonesty is concerned with D's conduct and not his state of mind. Therefore, his belief is irrelevant.

. 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:

D has not stolen anything because he did not intend to permanently deprive V of the pass.

D has stolen the pass because the Theft Act prohibits temporary borrowings.

D has not stolen anything because not all the goodness, virtue or practical value has disappeared.

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

. D is found standing on the pavement with the top half of his body through a broken window rummaging for goods inside. Which of the following represents the law:

D does not commit burglary because his entry is not substantial.

D commits burglary because his entry as a trespasser is effective.

D commits burglary because entry is a question of law.

Entry is constituted by entry of the slightest part of the body.

. D is visiting a friend who lives with his parents. He enters the house through an open door, as he has done many times before, unaware of the fact that all guests have been forbidden by the parents. Whilst in the house, D takes a cake from the kitchen table and leaves. Which of the following represents the law:

D does not commit burglary because he does not intentionally or recklessly enter as a trespasser.

D commits burglary because his entry as a trespasser is effective.

D commits burglary because entry as a trespasser requires no mens rea.

Trespass is constituted by entry of the slightest part of the body.

. D breaks into a greenhouse intending to steal his neighbour's prize tomato plants. He is caught with one leg through the window. Which of the following represents the law:

D does not commit burglary because he does not enter a building or part as a trespasser.

D does not commit burglary because his entry as a trespasser is not effective.

D does not commit burglary because he has not committed his intended offence.

D commits burglary because a greenhouse is a building under s9 Theft Act which he enters as a trespasser with intent to steal.

. D breaks into a house through an open window to seek shelter for the night. He is about to take £50 when he is apprehended. Which of the following represents the law:

D commits burglary under s9(1)(b) TA 1968.

D commits burglary under s9(1)(a) TA 1968.

D does not commit burglary because he did not enter with intent to steal.

D does not commit burglary because he did not enter with intent to commit criminal damage or GBH.

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