Unit 4 - Theft

Appropriation (Section 3)

Assuming the right of an owner (inc. later assumption or keeping/dealing with it)

R v Morris (Only one right needed)

R v Pitham & Hehl (doesn't require contact)

Cocoran v Anderton (tugged handbag)

R v Lawrence (taxi driver and consent)

R v Gomez (gift = appropriation)

R v Hinks (gift but dishonest)

R v Wheeler (innocent purchaser)

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Property (Section 4)

Includes money, personal posessions, land, debt and intangible property

R v Kelly & Lindsay (body parts)

Property that cannot be stolen - mushrooms, flowers, fruit, foliage and wild animals (unless picked for sale/reward)

Information cannot be stolen Oxford v Moss

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Property Belonging to Another (Section 5)


R v Turner (No.2) (stole own car however was not in control at time)

R v Smith (may not need to lawful posession)

R v Woodman (posession/control without knowledge)

Propreitary Right or Interest

Consider co-ownership, lost/abandoned, result of anothers mistake, under obligation

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Dishonesty (Section 2)

Curcumstances not dishonest

1. Legal right to deprive

2. Consent to appropriation

3. Believes O cannot be located

R v Ghosh

Would a R & H person regard D's conduct as dishonest?

Did D realise his conduct was dishonest to a R & H person?

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Intention to permanently Deprive (Section 6)

(6i) Where D intends to treat propert as his own to dispose of

(6ii) Borrowing/Lending by D which amounts to outright taking or disposal (R v Lloyd)

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