Theft
- Created by: __Jess
- Created on: 22-03-23 19:00
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- Theft
- Found in S1 of the Theft Act 1968
- Actus reus
- The appropriation of property belonging to another
- Appropriation
- Assuming the rights of the owner
- R v Morris
- Can still occur with the owner's consent
- DPP v Gomez
- Lawrence v MPC
- Cannot just be a deception
- R v Briggs
- A gift can be appropriation if D has acted dishonestly
- R v Hinks
- Assuming the rights of the owner
- Property
- Money and all other property, real or personal, including things in action and other intangible property
- Exam questions are not property
- Oxford v Moss
- Borrowed property must be paid back with the exact same thing
- R v Velumyl
- Property includes prohibited drugs
- R v Smith
- Property does include body parts
- R v Kelly
- Bodily fluids can be stolen
- R v Welsh
- Wild flora are nobody's property
- Belonging to another
- A person can steal their own property if it is in the temporary control of another
- R v Turner (no.2)
- A person must deal with property as per instructions
- R v Webster
- Davidge v Bennett
- R v Hall
- A person has a legal obligation to return property received by mistake
- AG's Reference (No 1 of 1983)
- R v Gilks
- No appropriation if they are unaware
- Moynes v Cooper
- A person can steal their own property if it is in the temporary control of another
- Appropriation
- The appropriation of property belonging to another
- Mens rea
- Dishonestly
- Defendant must know what he is doing is wrong
- R v Holden
- Defendant must believe that the owner cannot be found after following reasonable steps
- R v Small
- Dishonesty is objective
- R v Barton and Booth
- Defendant must know what he is doing is wrong
- With intention to permanently deprive
- Defendant treats the property as their own, despite real owner's rights
- R v Velumyl
- R v Lavender
- If the goodness is taken out of it
- R v Bagshaw
- No intent to permanently deprive if items were returned
- R v Lloyd
- Defendant treats the property as their own, despite real owner's rights
- Dishonestly
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