Theft

  • Created by: jesskeayy
  • Created on: 04-05-19 13:43
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  • Theft Act 1968
    • AR: appropriation of property belonging to another
    • MR: dishonestly taking with intention to permanently deprive
    • S.2- dishonestly
      • S.2(1) person's appropriation of property belonging to another isn't to be regarded as dishonest;
        • S.2(1)(a) if he appropriates the property in the belief he has the right to deprive the other of it, on behalf of himself/ another
          • S.2(1)(b) if he appropriates property in the belief he would have consent if the other knew of the appropriation and circumstances of
            • S.2(1)(c) if he appropriates property in belief he discovered it by taking reasonable steps
        • R v Ghosh [1982] doc claimed for operation fees for operations carried out by another
        • Ivey v Genting Casino [2017]
        • Prosecution must show D intended to permanently deprive V of the property
      • S.2(2) appropriation of property belonging to another may be dishonest not-withstanding he's willing to pay for it
      • R v Rostron; R v Collinson (2003) divers removing gold balls from club lake.
    • S.6- intention to permanently deprive
      • If intention is to treat the thing as your own, i.e. borrowing it but selling as if it's your own, it's equivalent to outright taking
      • Warner (1970) Lavender (1994)
    • S.3- appropriation
      • Any assumption by a person of the rights of an owner, fraudulently and within a claim to right made in goof faith, takes anything capable of being stolen with intent of taking it permanently
        • Gomez [1992] store assistant accepted stolen cheques in return for 'white goods'. Obtaining by deception, charged with theft
        • Hinks [2000] v had limited intelligence and D, his carer withdrew money from V's bank and deposited into his own. This was appropriation
      • Neutral and easy to demonstrate, definition is very broad. Closely linked to MR element of dishonety
    • S.4- property
      • S.4(1) incl. money and other property, real/ personal. Includes things in action and intangible property
      • Real/ personal- money: banknotes and coins, not bank ACCOUNTS.
      • Hinks [200]
      • Intangible property- incl. patents copyright and design rights. Breach of copyright is not theft due to lack of intent to PD
        • Oxford v Moss (1979)
    • S.5- belonging to another
      • S.5(1) property regarded as belonging to any person with possession / control of it
      • Protects range of rights/ interests: possession/ control, proprietary rights, trusts (s.5(2)), received under obligation (s.5(3)), received by mistake (s.5(4)), operation sole (s.5(5))
      • S.5(2)- trust. Shadrokh v Cigan [1988]
      • S.5(3)- obligation. Hall [1972]
      • S.5(4)- transferred by mistake. Moynes v Coopper [1956]

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