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Nadine Allen

Governed by the Theft Act 1968
Triable either way (crown or magistrates)
Max 7 years imprisonment
Section 1 ­ Definition
Section 2-6 ­ Meaning of words
Theft Act was intended to be simple and `expressed in simple language'

Section One
D dishonestly (S2) appropriates (S3) property (S4)…

Page 2

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Nadine Allen

In the case of Morris and Anderton the defendants swapped the price labels
on goods. Was this appropriation? The defendants argued that they had not
assumed all the rights of the owner
Morris and Anderton
Morris took 2 items from the supermarket shelves and replaced the correct

Page 3

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Nadine Allen

There was a different decision in this case. The HL said obiter (other things said)
that there could be no appropriation if the owner consented to the taking of
the property. The case confused the issue.
Gomez 1983
The matter was resolved in this case and the HL…

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Nadine Allen

Section 4 states that property is money and all other property, real and
personal, including things in action and other intangible property
Coins and notes
Body parts/corpse (Kelly)
Wild flowers to sell
Bank accounts (things in action)
Blood and Urine (Walsh)
Wild animals to sell

Page 5

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Nadine Allen

E.g. giving a builder money to go and buy supplies and he spends it on beer
Davidge and Bennett 1984
D was guilty of theft when she was given money to pay the gas bill but instead
bought Christmas presents. There was a legal obligation to deal with…

Page 6

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Nadine Allen

There is no real definition of what this word means
There are 3 situations where D is NOT dishonest and 2 situations where
he is dishonest under the Theft Act
There is also a common law test for dishonestly

Section 2 (1) (a)…

Page 7

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Nadine Allen

Ghosh test
Dr Ghosh claimed fees for an operation he didn't perform. He argued it was
because he was owed money by the hospital
A 2 stage test was invented and D will be convicted if the answer to both is
1. Objective
Is it dishonest by…

Page 8

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Nadine Allen

If you take a season ticket and go to 10 matches and then return the ticket you
would be guilty of theft because the value of the property has been reduced
If D `treats the thing as his own to dispose of regardless of the others rights' he…

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Nadine Allen



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