Theft
- Created by: amberjedxo
- Created on: 07-01-19 10:30
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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
- Unless copied or taken
- Confidential info is not usually property
- 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?
- Is it lost or abandoned?
- S.3 Appropriation
- 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
- S.2
- 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
- Borrowing & breaking is theft
- Need to return money EXACTLY
- Velumyl
- S.2 Dishonestly
- 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
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