Theft
- Created by: une-meduse
- Created on: 19-05-13 18:16
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- THEFT S1 OF THE THEFT ACT 1968
- APPROPRIATION S3
- 3 (1) Appropriation is any assumption by a person of the rights of the owner
- Pitham and Hehl - An appropriation can be an assumption of the right to sell
- Morris - An assumption may be of any of the rights, it does not have to be of all the rights
- Lawrence - an appropriation can take place even where the property has been handed over with the owners consent, there is often a link with dishonesty
- Gomez - the issue of consent occurred when releasing goods against worthless cheques, there can be an appropriation even if goods are released with consent
- Hinks - appropriation can take place even when there is a voluntary gift, consent was linked to dishonesty
- 3 (1) Appropriation is any assumption by a person of the rights of the owner
- PROPERTY S4
- S4 (1) property means money and all other property, real or personal including things in action and other intangible property
- THINGS IN ACTION
- PERSONAL PROPERTY
- Obvious items of personal property are CDs books, jewellery, cars and even aeroplanes, and sheets of paper
- R v Smith - Property includes prohibited drugs as the exceptions do not mention unlawful items
- OTHER INTANGIBLE PROPERTY
- A-G of Hong Kong v Chan Nai Keung - an export quota for textiles was intangible property, this refers to rights which have no physical prescence
- S4 (1) property means money and all other property, real or personal including things in action and other intangible property
- BELONGING TO ANOTHER S5
- Possesion and Control
- A person may be in possession and control at the same time, eg hiring a car, or be just in possession or just in control
- Since there is a wide definition of 'belonging to another', it has lead to a defendant stealing his own car
- Turner - a person can be convicted of theft where he steals another persons rights over goods, until a repair bill had been paid - it happened to be his own car
- Woodman - a person can be in control of property he does not know he possesses, in the case of scrap metal in a disused factory
- Williams v Phillips - property that is abandoned by its owner may become the property of those that remove it eg the council
- Since there is a wide definition of 'belonging to another', it has lead to a defendant stealing his own car
- A person may be in possession and control at the same time, eg hiring a car, or be just in possession or just in control
- Property received under an obligation s5 (3)
- Davidge and Bunnet - where money or cheques are given for a particular purpose, they must be used for that purpose or there can be a conviction of theft
- Wain - where money is held in trust for someone, the money is money that belongs to another
- Property obtained by a mistake s5 (4)
- A-G's reference No 1 of 1983 1985 - where the defendant obtains money by another's mistake they are under an obligation to make restoration
- Possesion and Control
- DISHONESTLY S2
- S2 (1) a)
- He has the right in law to deprive the other of it, on behalf of himself or a third person
- Robinson - D was charged with robbery, but the conviction quashed as he had the belief that he had the right to take it
- He has the right in law to deprive the other of it, on behalf of himself or a third person
- S2 (1) b)
- He would have the other person's consent if the other knew of the appropriation and he circumstances of it
- An example of someone taking something with someone's consent is if a student took a can of beer from his friend's bag thinking that it would be ok to take it
- He would have the other person's consent if the other knew of the appropriation and he circumstances of it
- S2 (1) c)
- The person whom the property belongs cannot be discovered by taking reasonable steps
- If someone found a note at the side of a deserted road, there is no one else around so if the finder keeps it as he believes that there is no reasonable way of finding the owner
- The person whom the property belongs cannot be discovered by taking reasonable steps
- S2 (2)
- If the defendant says that he is willing to pay or has left money to pay he may still be liable
- Gosh test
- 1 - Was the action dishonest by the standards of reasonable and honest people?
- 2 - Did the defendant realise that what he was doing was dishonest by those standards
- S2 (1) a)
- INTENTION TO PERMANENTLY DEPRIVE S6
- Velumly - it is clear that if the defendant treats something as his own then he has been dishonest
- DPP v Lavender - if the defendant deals with, rather than dispose of they will still be liable, eg treating council doors as their own
- Lloyd - borrowing the property and keeping it until the goodness the virtue and the practical value has been taken out of the article
- Easom - conditional intention to deprive is not enough
- APPROPRIATION S3
- This can be soil, rocks, gravel, buildings, or part of the building and crops
- S 4 (2) b) a person can commit theft of things forming part of the land that the owner has not allowed them to possess
- S4 (2) REAL PROPERTY LAND - CAN ONLY BE STOLEN IN 3 WAYS
- S 4 (2) b) a person can commit theft of things forming part of the land that the owner has not allowed them to possess
- S4 (2) a) a person can steal land has the ability to transfer land to another however the land he is transferring is not his to transferr
- S4 (2) c) the tenant can be guilty of theft where he removes fixtures, eg shed, garage, plumbing, electrical
- S4 (1) property means money and all other property, real or personal including things in action and other intangible property
- THINGS IN ACTION
- PERSONAL PROPERTY
- Obvious items of personal property are CDs books, jewellery, cars and even aeroplanes, and sheets of paper
- R v Smith - Property includes prohibited drugs as the exceptions do not mention unlawful items
- OTHER INTANGIBLE PROPERTY
- A-G of Hong Kong v Chan Nai Keung - an export quota for textiles was intangible property, this refers to rights which have no physical prescence
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