- Section 1 Theft Act 1968
- Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it
- Actus Reus- Appropriation, property and belonging to another
- Mens Rea- Dishonesty and intention to permanently deprive
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- Section 3 of the Theft Act 1968
- Assumption by a person of the rights of another this can include; stealing, altering condition, lending out and damaging it.
- R v Pitman and Hehl
- Consent; Lawrence, Morris, Gomez
- Gifts; R v Hinks- 'good faith' Section 3(2)
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- Section 4 of the Theft Act 1968
- Money and all property Real or personal, including things in action and all tangible property'.
- Real Property-Section 4(2) Theft Act 1968
- Personal Property- R v Kelly and Lindsay
- things in action and Intangible
- Things that cannot be stolen; corpse, information, electricity, wild animals, flora and fungi
- Information is illustrated by R v Oxford and Moss
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Belonging To Another
- Section 5(1) Theft Act 1968
- Property shll be regarded as belonging to any person having possession or control over it, or haveing any propietary right or interest'
- R v Turner- Guilty of stealing own property
- Section 5(3)- where a person recieves property from another and is under obligation to retain and deal with it or its proceedings in a praticular way- Davidge and Bunnet
- Section 5(4)- Where a person gets property by anothers mistaking and is under obligation to return it- AG's ref
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- Section 2 Theft Act 1968
- defedants intention is to treat the property as his own to dispose of regardless of the owners rights or where the defendant borrows property for a period making it equivalent to an outriget taking or disposal... section 2(1), 2(2)
- R v Ghosh- objective; dishonest to the standards of a resonable man.
- Subjective- realise he was dishonest
- R v Feely- jurys job to decide dishonesty.
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Intention to Permanently Deprive
- Section 6 of the theft act 1968
- Taking someone else's property with no intention to give it back, merely borrowing it without giving back does not amount to theft.
- Treat property as own to dipose of- R v Chan-man- son v AG for Hong Kong
- Borrows property for along time amoutning to outright taking or diposal- R v Llyo... Supporting case T b Lavender
- Conditional intent- R v Easom
- Intention to return similar property- R v Raphael
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