Case Law Theft

?
  • Created by: A Francis
  • Created on: 18-03-13 15:46
Section 1 Theft Act 1968
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
1 of 41
Actus Reus of Theft
Appropriation (s3), Property (s4), Belonging to Another (s5)
2 of 41
Mens Rea of Theft
Dishonestly (s2), With the intention to permanently deprive (s6)
3 of 41
Section 3(1) Theft Act 1968 (Appropriation)
Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of right to it by keeping or dealing with it as owner
4 of 41
Pitham and Hehl
Selling items belonging to another is an appropriation of the owner's rights
5 of 41
Corcoran and Anderton
Grabbing an item is an appropriation
6 of 41
R v Morris
Assuming any right of the owner is appropriation
7 of 41
Gomez
It doesn't matter whether the victim consents to the appropriation or not
8 of 41
Lawrence
Deception may be used to gain consent which leads to an appropriation
9 of 41
Hinks
A genuine gift may be appropriated if the victim is being taken advantage of
10 of 41
Dobson v General Accident
If a cheque is fake, the property has been obtained by deception and therefore appropriated
11 of 41
Levin
The result of a computer command is where the appropriation takes place
12 of 41
Wheeler
Innocent purchasers do not appropriate property
13 of 41
Section 4(1) Theft Act 1968 (Property)
'Property' includes money and all other property real or personal, including things in action and other intangible property
14 of 41
Kelly and Lindsay
Body parts are also 'property' for the purpose of the 1968 Act if a skill has been applied to them
15 of 41
Section 4(2) Real Property can be Stolen by
A trustee who goes takes land in breach of his duties, someone not in possession of the land severs anything forming part of the land, a tenant
16 of 41
A-G of Hong Kong v Chan Nai-Keung
An export quota (an allocation) can be stolen
17 of 41
Oxford v Moss
Knowledge of questions on an examination paper is not intangible property and can not be stolen
18 of 41
Section 4(3) Theft Act 1968
A person who picks mushrooms growing on wild land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not steal what he picks, unless he does it for reward or sale or other commercial purpose.
19 of 41
Section 4(4) Theft Act 1968
Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed or ordinarily kept in captivity, or the carcase of any such creature, unless it has been reduced into possession
20 of 41
Section 5(1) Theft Act 1968 Belonging to Another
Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest)
21 of 41
Turner (No 2)
A person can steal there own property if someone else is in possession or control of the property
22 of 41
Woodman
A person may be in possession or control of property without knowing that it is there
23 of 41
Meredith
A car that has been impounded is not possessed or controlled by the company, they simply have a right to enforce the fine
24 of 41
Bonner
If there are co-owners, one owner can steal from the proprietary right from the other
25 of 41
Section 5(3) Theft Act 1968
Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property shall be regarded as belonging to another
26 of 41
Hall
The D was not under an obligation to deal with the money in a particular way and therefore the property did not belong to another
27 of 41
Klineberg and Marsden
The D was under an obligation to 'retain and deal with that property or its proceeds in a particular way' this had not been done
28 of 41
Wain
When money is given to the D to give to a charity, the D is not expected to give the charity the exact same notes and coins
29 of 41
Davidge v Bunnett
A less formal example of an obligation
30 of 41
Attorney - General's Reference (No 1 of 1983)
If your employer overpays you, you are under a legal obligation to make restoration
31 of 41
Gilks
There is not a legal obligation to restore overpaid betting transaction
32 of 41
Section 2(1)(a)(b)(c) give ways in which the D is not dishonest
Section 2(1)(a) - He has in law the right to deprive the other of it, on behalf of himself or of a third party
33 of 41
Section 2(1)(b) - He would have the other's consent if the other knew of the appropriation and the circumstances of it
Section 2(1)(c) - The person to whom the property belongs cannot be discovered by taking reasonable steps
34 of 41
Robinson
If the D had a belief under s2(1)(a)(b)(c) then he is not guilty of Theft
35 of 41
Ghosh
1) Was the action dishonest according to the ordinary standards of reasonable and honest people 2)Did the D realise that what he was doing was dishonest by those standards
36 of 41
Velumyl
If the D intends to replace money stolen, there is steal an intention to permanently deprive as the money replaced will not be the same notes or coins
37 of 41
Lloyd
Borrowing the property and keeping it until 'the goodness, the virtue, the practical value has gone out of the article' is an intention to permanently deprive
38 of 41
Easom
Picking up something to see if there is anything worth stealing is not an intention to permanently deprive
39 of 41
Attorney-Generals Reference (Nos 1 and 2 of 1979)
If the D has a conditional intent to steal, D could be charged with an attempt to steal
40 of 41
Raphael and Another
Offering to sell the V's property back to him was treating it as D's own to dispose of
41 of 41

Other cards in this set

Card 2

Front

Appropriation (s3), Property (s4), Belonging to Another (s5)

Back

Actus Reus of Theft

Card 3

Front

Dishonestly (s2), With the intention to permanently deprive (s6)

Back

Preview of the back of card 3

Card 4

Front

Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of right to it by keeping or dealing with it as owner

Back

Preview of the back of card 4

Card 5

Front

Selling items belonging to another is an appropriation of the owner's rights

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »