Law A2 - Theft
- Created by: mariehemmo
- Created on: 27-04-16 14:05
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- Theft
- Actus Reus: Appropriation of property belonging to another.
- Appropriation: assuming rights of an owner e.g. possession, alter, sell and destroy.
- D need only assume 1 right of owner - not all (R v Morris)
- Appropriation doesn't require any physical contact (Corcoran v Anderton-handbag)
- Later assumption of O's rights = appropriation
- Appropriation with consent = appropriation (R v Lawrence/ Gomez)
- Gift by owner - R v Hinks (only theft where D is also dishonest)
- Property: money, all personal property, land, things in action - debts, other intangible property - e.g. gas
- R v Kelly & Lindsay - body parts held by Royal College of Surgeons are propety
- Property which can't be stolen: mushrooms + flowers (growing on wild land, unless picked for sale/reward), foliage and wild animals not kept in captivity and untamed.
- Confidential info can't be stolen - Oxford v Moss
- BTA - Possession/ control or proprietary right or interest in it
- D may steal own property from person in possession - R v Turner
- Possession need not be lawful - R v Smith
- Co-ownership - each co owner has proprietary right/interest, therefore each co owner can steal from eachother (R v Bonner)
- Lost/ abandoned property: Lost - remains property of O + can be stolen from O. Abandoned property doesn't belong to anyone and cant be stolen.
- Courts reluctant to find that property has been abandoned (Ricketts v Basildon Magistrates' Court - bags outside charity shop are not abandoned)
- Where D recueves property from another, D is under obligation to deal with property in a particular way (R v Hall)
- Charitable donations: D under obligation to transfer procees of notes/coins (R v Wain)
- Mistake: obligation to restore property
- Attorney General's Reference - mistakenly overpaid salary by employer + failure to repay = theft
- Appropriation: assuming rights of an owner e.g. possession, alter, sell and destroy.
- Mens rea:at the time of appropriation, D must be dishonest and must intend to permanently deprive the other of the property.
- Theft Act 1968 s2
- Dishonest exceptions: D genuinely believes he has a legal right to deprive the other of it or D believes O would consent to the appropriation or that D believes that the other can't be located.
- Subjective assesment of D's belief; Must be honest, need not be reasonble (R v Small)
- WhereD appropiates property, D may be dishones evem if he offers to pay for property.
- R v Ghosh - Was D's conduct in appropriating property dishonest according to standards of a reasonable person + did he know this.
- Question of fact for jury to decide (R v Feely)
- IPD: Where D intends to treat property as own to dispose of regardless of O's rights (R v Marshall)
- Borrowing/ lending by D which amounts to outright taking or disposal - R v Lloyd - borrwed + copied film before retuning it - NO IPD
- Actus Reus: Appropriation of property belonging to another.
- Mistake: obligation to restore property
- Attorney General's Reference - mistakenly overpaid salary by employer + failure to repay = theft
- Mens rea:at the time of appropriation, D must be dishonest and must intend to permanently deprive the other of the property.
- Theft Act 1968 s2
- Dishonest exceptions: D genuinely believes he has a legal right to deprive the other of it or D believes O would consent to the appropriation or that D believes that the other can't be located.
- Subjective assesment of D's belief; Must be honest, need not be reasonble (R v Small)
- WhereD appropiates property, D may be dishones evem if he offers to pay for property.
- R v Ghosh - Was D's conduct in appropriating property dishonest according to standards of a reasonable person + did he know this.
- Question of fact for jury to decide (R v Feely)
- IPD: Where D intends to treat property as own to dispose of regardless of O's rights (R v Marshall)
- Borrowing/ lending by D which amounts to outright taking or disposal - R v Lloyd - borrwed + copied film before retuning it - NO IPD
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