THEFT

  • Created by: lar.hos
  • Created on: 05-06-18 16:44
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  • THEFT
    • INTRO: governed by s1 Theft Act 1968, 'beyond all reasonable doubt' (Woolmington)
    • ACTUS REUS
      • Unlawful Act
        • Act (Hill v Baxter) or Omission (Pittwood)
          • Positive Act/ Appropriation/ Assumed rights (Morris/Kelly)
    • MENS REA
      • Guilty Mind
        • Intention
          • Dishonesty (Ghosh) / Permanently deprive / No intention to return property (Lavender/ Llyod)
    • CONC: Maximum of a 7 year sentence/ triable either way/ tried by Magistrates or Crown court
    • R v Morris
      • replaced labels with a lower price, brought items at lower price, arrested/ convicted
    • R v Kelly
      • Donations belong to who it has been donated to
    • R v Ghosh
      • Surgeon claiming money for surgeries he didn't do
        • 1. D's behaviour must be regarded as dishonest by reasonable and honest people.
          • 2. D must appriciate that there behaviour would be regarded as dishonest by reasonable and honest people.
    • Ivey v Genting Casinos
      • Accused of cheating but refused to pay.
        • Supreme Court decided 2nd part of Ghosh test is no longer applicable
    • R v Lavender
      • Removed doors off council house and put them onto another
        • Had intention of permanently depriving
    • R v Llyod
      • Borrowed films from cinema and made pirate copies
        • No theft as they didn't intend to deprive owner for more than a few hours
          • Films were still as usable as they were before

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