Theft Act 1968

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  • Created by: AntoBeck
  • Created on: 30-09-19 12:03
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  • Law Theft Act 1968
    • Section 1
      • Theft is the dishonest appropriation of property belonging to another with intent to permanently deprive them of it
    • Section 2: Dishonest
      • Dishonesty is decided through Ghosh test
        • Would a reasonable person think D's actions were dishonest?
        • Honesty Scenarios
          • Did D think that their had the rights of the owner?
          • Did D take reasonable steps to contact the owner?
            • Small
          • Did D have the owners consent?
    • Section 3: appropriation
      • Any assumption of the rights of the owner
        • Morris -  standard case
        • Hinks - presents through deceit
        • Lawrence - taking without owners consent
        • Gomez - no consent
    • Section 4: Property
      • Property is...
        • Money
        • A thing of action
        • Land
        • Intangible
        • Personal
        • Knowledge cannot be stolen - Oxford V Moss
    • Section 5: belonging to another
      • Property belonging to another who has possession or retains propriety rights
        • Turner - steal own property
        • Davidge v Bunnet - obligation
          • Obligation section 5(3)
        • Williams - abandoned property belongs to whoever finds it
        • Webster
        • Woodman - have possession/ control without knowledge
    • Section 6: Intention to permanently deprive
      • treating property as your own to dispose of regardless of rights to borrowing if it is equivalent to an outright disposal
        • Lloyd - 'goodness and virtue' intact = not theft
        • Velumyl - spending money that's not yours, even of intend to pay back
        • Raphael - random
        • DPP V J -  borrowing property and damaging it
        • Lavender -  deprive owner of their rights

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