Unit 4 - Theft

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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
    • 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)


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