Theft Act 1968
- 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?
- Dishonesty is decided through Ghosh test
- 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
- Any assumption of the rights of the owner
- Section 4: Property
- Property is...
- Money
- A thing of action
- Land
- Intangible
- Personal
- Knowledge cannot be stolen - Oxford V Moss
- Property is...
- 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
- Property belonging to another who has possession or retains propriety rights
- 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
- treating property as your own to dispose of regardless of rights to borrowing if it is equivalent to an outright disposal
- Section 1
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