Theft

?

AR

S1 THEFT ACT 1968 DEFINES THEFT AS DISHONESTLY APPROPRIATING PROPERTY BELONGING TO ANOTHER WITH THE INTENTION TO PERMANENTLY DEPRIVE

S3 = APPROPRIATION IS ANY ASSUMPTION OF THE OWNERS RIGHTS (MORRIS), CONSENT IRRELEVANT (LAWRENCE) ACCEPTING GIFT MAY BE APPROPRIATION (HINKS), APPROPRIATION CAN BE A CONTINUING ACT MATTER FOR JURY (ATAKPU & ABRAHAMS)

S4 = (1) PROPERTY IS MONEY AND ALL OTHER PROPERTY REAL OR PERSONAL INCLUDING THINGS IN ACTION (KELLY), (2) REAL PROPERTY IS LAND AND ONLY STOLEN IF APPROPRIATES A FIXTURE OR SOMETHING SEVERED FROM LAND, (3) WILD FLOWERS OR ANIMALS NOT PROPERTY ONLY IF IN POSSESSION

S5 = BELONGS TO ANOTHER IF THEY HAVE POSSESSION OR CONTROL OR ANY PROPRIETARY RIGHT TO IT, CAN STEAL FROM SELF (TURNER) OR IF V DOESNT KNOW THEY OWN IT (WOODMAN), RARELY ABANDONED (WILLIAMS & PHILLIPS), LOST PROPERTY BELONGS TO SOMEONE (ROSTRON & COLLINSON), D MAY BE UNDER OBLIGATION TO DEAL WITH PROPERTY IN PARTICUALR WAY BUT STILL BELONGS TOP ANOTHER (HALL), IF RECIEVED BY MISTAKE BELONGS TO PERSON MAKING MISTAKE (AG REF NO 1 OF 1983)

1 of 2

MR

S2 = DISHONESTY: SITUATIONS WHERE D NOT DISHONEST, S1(2)(a) - HONEST BELIEF IN LEGAL RIGHT TO DEPRIVE OTHER (SMALL), S1(2)(a) - HONEST BELIEF IN THE OWNERS CONSENT IF THEY KNEW OF CIRCUMSTANCES, S1(2)(a) - BELIVES THE OWNER CANNOT BE DISCOVERED USING REASONABLE STEPS

IF NONE APPLY USE GHOSH TEST ; WAS IT DISHONEST BY ORDI8NARY STANDARD OF REASONABLE AND HONEST PEOPLE AND DID D REALISE IT WAS DISHONEST BY THOSE STADARDS

S2(2) WILLINGNESS TO PAY NOT PROOF OF HONESTY 

S6 = (1) INTENTION TO PERMANENTLY DEPRIVE ORDINARY MEANING, IF THIS DOESNT APPLY D HAS INTENTION IF THEY TREAT PROPERTY AS THEIF OWN TO DISPOSE OF REGARDLESS OF THE OWNERS RIGHTS (MARSHALL), OR WHERE BORROWING IT REMOVES VALUE AND GOODNESS (LLOYD), CAN HAVE INTENTION IF BORROWING MONEY INTENDING TO REPLACE IT (VELUMYL), (2) OR IF D PARTS WITH PROPERTY UNDER A CONDITION THEY MAY NOT BE ABLE TO PERFORM, OR IF D FINDS NOTHING WORTH TAKING CONDITIONAL INTENT SUFFICIENT (EASOM) 

2 of 2

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »