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 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
1. Appropriation
2. Property
3. Property belonging to another
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
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
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
1) Dishonesty (Section 2) R v Ghosh
Section 2 discloses when D is dishonest.…read more


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