Theft

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Definition

"Dishonestly appropriating the property of another, with the intention of permanently depriving the other of it."

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GHOSH Test

As follows:

  • Would a reasonable person consider the act dishonest?
  • Is the defendant aware of whether a reasonable person would consider the act dishonest
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Three Occasions of Non-dishonesty

1. The person appropriating the property believed that they had full rights in law to take the property

2. The person appropriating the property believed that the owner would have consented to them taking it, had they known the circumstances

3. The person appropriating the property believed that the owner could not be traced by taking all reasonable steps

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"Appropriates"

Assumption of rights as the owner -

"Where any person has come by property, innocently or not, and keeps/deals with the property as the owner"

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"Property"

Includes money, all things real or personal, things in action and other intangible property

Ex. -

  • Cash
  • Bicycle
  • Copyright
  • Financial Transactions
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Land

Land cannot be stolen in normal circumstances, except by a trustee who dishonestly deals with the land, or, when not in possession of the land a person takes flowers, trees or plants.

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Wild Creatures

Wild creatures are not property and cannot be stolen, unless:

  • The carcass has been reduced into the property of another person
  • The creature has been domesticated and has been reduced into the property of another
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Wild Flowers

Wild flowers cannot be stolen if picked unless:

  • They are picked with the intention of being sold for gain
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"Belonging to Another"

Regarded as belonging to another if they have possession or control of the property, or propietary right or interest.

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"Permanently Deprive"

Regarded as treating the property as if it is theirs, or disposing of it, regardless of the owner's rights.

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Abstracting Electricity

A person is guilty of abstracting electricty if they dishonestly use without due authority, or causes to be wasted or diverted, any electricity

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