Unit 4 - Theft
- Created by: abigail.davies
- Created on: 13-04-15 10:53
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- Theft
- Definition (s1) - A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
- Actus Reus
- Appropriation (s3)
- R v Morris (only 1 right needed)
- R v Pitham & Helm (doesn't require contact)
- Cocoran v Anderton (tugged handbang)
- R v Lawrence (taxi driver and consent)
- R v Gomez (gift = appropriation)
- R v Hinks (gift but dishonest)
- R v Wheeler (innocent purchaser)
- Property (s4)
- Money, personal posessions, land, debt and intangable property
- Mushrooms, flowers, fruit, foliage & wild animals cannot be stolen (unless for sale)
- Oxford v Moss (information cannot be stolen)
- Property Belonging to Another (s5)
- Possesion Control (R v Turner No.2) (R v Smith) (R v Woodham)
- Propriatary Right or Interest
- Appropriation (s3)
- Mens Rea
- Dishonesty (s2)
- Legal right to deprive, consent to the appropriation, believes O cannot be located. (R v Small)
- R v Ghosh - would a R & H person reagrd Ds conduct as dishonest? Did D realise conduct was dishonest to a R & D person
- Intention to permanently deprive (s6)
- 6i where D intends to treat property as his own to dispose of
- Borrowing/ lending by D which amounts to outright taking or disposal (R v Lloyd)
- Dishonesty (s2)
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