Criminal Law- Theft

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  • Created by: Lara
  • Created on: 05-05-17 18:23
Theft Act 1968 S.1 (1) Theft Definition
"Dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it"
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Actus Reus of Theft Definition
Appropriation, of property, belonging to another
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Mens Rea of Theft
Dishonestly, intention to permanently deprive
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Approrpiation S.3 -Morris (1984)
"An assumption of the rights of the owner" Assuming one right of the owner is sufficient for apprproiation
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Dishonesty S. 2
Not defined under the Theft Act 1968, but there are scenarios of negative and positive aspects of dishonesty.
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Negative Aspects of dishonesty S.2
A) If he believes he has the legal right to deprive the other of it B) If he believes the owner would have consented C) If he believes the owner could not be found by taking reasonable steps. If jury need further direction, use the "GHOSH TEST"
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What is not property?
Cathy Impersonates Edward Cullen So Well
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Belonging to another S 5
"regarded as belonging to whoever has possession of it"
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Stealing your own property
only if someone else has possession of it. Turner case and Meredith 1973
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Lost property
Is not abandoned, even if you stop looking for it.
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Abandoned property
Leaving rubbish out. Rickets v Basildon 2010-outside charity shop
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Belonging to Another S 5
"Whoever has possession or control of it"
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Turner Case, Meredith 1973
Stealing your own property when someone else has control of it
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Rickets 2010
Abandoned property; rubbish outside or bags outside a charity shop
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Roston and Collison 2003
Lost property; even if stopped looking for it. Property given for a purpose.
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Property obtained by mistake
Overpayments in a shop of wages
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Intention to permernantly deprive; Theft Act S.6
1) An intention to treat the thing as his own to dispose of regardless of others rights 2) Borrowing or lending for a period in circumstances making it equivalent to an outright taking or dispoal
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Lavender 1994
"to dispose of" means "to deal with"
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Cahill 1993
"to dispose of" means " to deal with definitely to get done with"
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Marshall 1998
Reselling London Underground tickets
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Lyod 1985
Film had to be returned with some goodness so there could be no intention to permanently deprive
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Velumly 1989
Returning the same amount of money with different notes, considered as the intention to permanently deprive
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Other cards in this set

Card 2

Front

Appropriation, of property, belonging to another

Back

Actus Reus of Theft Definition

Card 3

Front

Dishonestly, intention to permanently deprive

Back

Preview of the back of card 3

Card 4

Front

"An assumption of the rights of the owner" Assuming one right of the owner is sufficient for apprproiation

Back

Preview of the back of card 4

Card 5

Front

Not defined under the Theft Act 1968, but there are scenarios of negative and positive aspects of dishonesty.

Back

Preview of the back of card 5
View more cards

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