Theft

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  • Theft
    • A person shall be guilty of theft is he dishonestly appropriates property belonging to another with the intent to permanently deprive the other person of it
      • Theft Act 1968
    • Actus Reus
      • S.3 Appropriation
        • Assuming the rights of the owner
        • R v Morris
          • Can be the assumption of a single right
        • R v Lawrence and R v Gomez
          • Appropriation can occur with the owners consent
        • R v Hinks
          • Gifts can be appropriation if taken dishonestly
      • S.4 Property
        • Property is money and all other property, real and personal, including things in action and other tangible property
        • S.4 (3) - Wild plants are not property unless taken for reward or financial gain
        • S.4(4)- Wild animals are not property unless tamed or in captivity
        • R v Kelly and Lindsay
          • Body parts are not usually property
        • Oxford v Moss
          • Confidential info is not usually property
            • Unless copied or taken
              • R v Akbar
        • Marshall
          • TIckets do not belong to customer
      • S.5 Belonging to another
        • Property shall be regarded as belonging to any person with control or possession of it, or with proprietary right or interest in it
        • Wain
          • If given for obligation, it belongs to someone else
        • Woodman
          • Can have property you dont know about
        • R v Tuner (no 2)
          • Can steal your own property/ proprietary right or interest
        • R v Rostron
          • Is it lost or abandoned?
            • Does someone want it back?
    • Mens Rea
      • S.2 Dishonestly
        • Not defined in the act
        • Guidance is given as to what isn't dishonest
          • S.2
            • (1a)- Legal right to it
            • (1b)- Consent would be given
            • (1c)- Owner couldn't be found by taking reasonable steps
              • R v Small- Up to jury to decide if they believe this
        • Ghosh Test
          • Would the D's actions by considered as dishonest by the standards of reasonable and honest people?
      • S.6 Intent to permanently deprive
        • Dispose of regardless of the owners rights
        • Borrowing or breaking equivalent to an outright taking
          • Borrowing & breaking is theft
            • J and others
        • Need to return money EXACTLY
          • Velumyl

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