Theft

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  • Created by: _laurenb
  • Created on: 28-03-16 20:47

Section 3 - Appropriation

PITHAM & HEHL

  • D stole furniture that was not his
  • assumed ownership of this property - appropriation

MORRIS

  • D switched the labels of items in a shop
  • he then left the shop with one of the items without paying
  • both of these acts show he assumed ownership of this property - appropriation

SO THE DEFENDANT NEED NOT ASSUME ALL OWNERSHIP RIGHTS... HE NEED ONLY TO ASSUME ONE!

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Section 6 - Intention of Permanent Deprivation

VELUMYL

  • took money from a safe as work, claiming he intended to repay
  • held to be permanent depravation as there was no way the notes he intended to replace were going to be the exact notes he took

DPP V LAVENDER

  • D took unused doors from the council and used them to replace doors in his gf's flat
  • he was permanently depriving the council of their property

EASOM

  • D has conditional intent (intent if he found something worth stealing) to steal a bag but did not
  • would now be held to have an intent to permanently deprive

RAPHAEL AND ANOTHER

  • Ds forcefully took V's car and then demanded money upon return
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Theft - Theft Act 1968

SECTION 1- definition

'a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it'

SECTION 2 - dishonesty

SECTION 3 - appropriation

SECTION 4 - property

SECTION 5 - belonging to another

SECTION 6 - with intention of permanent deprevation

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Section 3 - Appropriation

WHAT ABOUT WHERE P HAS CONSENTED TO APPROPRIATION?

LAWRENCE

  • D took money from foreign P's wallet who opened it for him
  • P was clueless and so could not have consented

GOMEZ

  • D convinced an unknowing P to accept void cheques (these bounced)
  • D had consented to accepting valid cheques - not void ones - and so consent was decieved

HINKS

  • D took a large sum of money and a TV from P who offered them to him
  • This is an example of consent without deception
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Section 4 - Property

KELLY AND LINSDAY

  • Held body parts to be property when taken from the Royal College of Surgeons
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Section 2 - Dishonesty

ROBINSON

  • D was owed money by V and got into a fight with V's husband
  • £5 fell from V's husbands pocket and D took it
  • held to not be dishonest as he believed he had the right to deprive of money he was owed

GHOSH

  • D acted as a locum consulant
  • he claimed fees for an operation he had not carried out
  • stated this was the same cost of the consultation fees he was owed

LEAD TO THE DEVELOPMENT OF THE GHOSH TEST FOR DISHONESTY:

1. Would a reasonable and honest person see the act as dishonest?

2. Did the defendant realise he was being dishonest?

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Section 5 - Belonging to Another

When does something belong to you? When you have possession, control and/or a proprietary interest over it...

POSSESSION...

TURNER - D took his own car from the mechanics without paying; the car belonged to them at that time as they had possessin over it

WOODMAN - D took scrap metal from P's land; P did not know it was there; still belonged to P regardless as it was possessed on land she owned

PROPERTY MUST BE DEALT WITH AS P HAS REQUESTED...

DAVIDGE V BUNNETT - D spent money given by P to pay bills on christmas presents

WHERE P HAS MISTAKENLY GIVEN PROPERTY TO D, HE HAS THE 'RIGHT TO RESTORATION'

A-G'S REFERENCE - D was overpaid by her workplace; did not 'restore'; held to be theft

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