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)
- Act (Hill v Baxter) or Omission (Pittwood)
- Unlawful Act
- MENS REA
- Guilty Mind
- Intention
- Dishonesty (Ghosh) / Permanently deprive / No intention to return property (Lavender/ Llyod)
- Intention
- Guilty Mind
- 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.
- 1. D's behaviour must be regarded as dishonest by reasonable and honest people.
- Surgeon claiming money for surgeries he didn't do
- Ivey v Genting Casinos
- Accused of cheating but refused to pay.
- Supreme Court decided 2nd part of Ghosh test is no longer applicable
- Accused of cheating but refused to pay.
- R v Lavender
- Removed doors off council house and put them onto another
- Had intention of permanently depriving
- Removed doors off council house and put them onto another
- 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
- No theft as they didn't intend to deprive owner for more than a few hours
- Borrowed films from cinema and made pirate copies
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