A2 Law Unit 4: Theft Summary

Summary of Theft

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  • Created on: 16-03-13 17:29
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Theft
Theft Act 1968 section 1
a person is guilty if he dishonestly appropriates property belonging to another
with the intention of permanently depriving the other of it
ACTUS REUS:
1. Appropriation
2. Property
3. Property belonging to another
AR:
1) Appropriation (Section 3)
any assumption by a person of the rights of an owner
Assumption of rights of owner
Only 1 right of owner: R v Morris
No need for physical possession: R v Pitham & Hehl
Later assumption of rights of owner
Later assumption is dishonest: theft
Appropriation with O's consent
Exceeding the consent of owner: R v Lawrence
Gifts
Gift obtained by false representation: R v Gomez
Innocent purchasers
Purchaser subsequently discovers good are stolen: R v Wheeler
2) Property (Section 4)
money/personal property/real property/things in acti
on/intangible property
3) Property belonging to another (Section 5)
possession or control
O may not be in possession/control of property at time of appropriation.
D may steal own property from person in possession: R v
Turner(No2)
O doesn't have to have knowledge of possession: R v Woodman
proprietary right or interest
Co-ownership: R v Bonner
Lost property remains property but abandoned property doesn't belong to
anyone - therefore can't be stolen
Property received by D under an obligation: property is still treated as
belonging to another: Davidge v Bunnett

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Property received by D as a result of another's mistake and D doesn't
make restoration = theft: A-G's Reference 1985
MR:
1) Dishonesty (Section 2) R v Ghosh
Section 2 discloses when D is dishonest.…read more

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