Law - Offences Against property (theft)

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What is the act and section number for theft?
Theft Act 1968 s.1
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What is the actus reus for theft?
Appropriation of property belonging to another
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Define appropriation
Any assumption by a person of the rights of an owner
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What is the act and section number for appropriation?
Theft Act 1968 s.3
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D need only assume 1 right of owner - not all. What's the case for this?
R v Morris
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Does appropriation require any physical contact/possesion?
No - Corcoran v Anderton
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What is the law regarding consent with this matter?
It is still theft regardless of consent - R v Lawrence
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Can there be appropriation where D gives gift to owner?
Only theft where D is also dishonest - R v Hinks
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Where D sells stolen property to an innocent purchaser for value - is there appropriation?
If the innocent purchaser subsequently discovers goods stolen - no appropriation R v Wheeler
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What is the act and setion number for property?
Theft Act 1968 s.4
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What are the 5 things property includes?
Money, all personal property, real property (land), things in action (debts), other intangible property e.g. gas
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What did the case of R v Kelley and Lindsay say?
body parts held by the Royal College of Surgeons is property
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What property can't be stolen?
Mushrooms growing on wild land, flowers and fruit unless picked for sale/reward, foliage and wild animals untamed and not kept in captivity
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Can confidentional information be stolen?
No - Oxford v Moss
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What is the act and section number for property belonging to another?
Theft Act 1968 s.5
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Who does property belong to?
Any person who has possession or control of it or has any proprietary right or interest in it
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Does the possession need to be lawful?
No - R v Smith
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What is the rule of co-ownership
Where property jointly owned by 2 or more people, each co owner has proprietary right/interest so therefore each co-owner can steal from the other (R v Bonner)
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What is lost propety?
Remains property of O - can be stolen from O
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What is abandoned property?
Does not belong to anybody and cannot be stolen but courts are reluctant to find abandoned property (Ricketts v Basildon Magistrates Court)
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What i the rule of property recieved by D under obligation?
According to section 5(3) - where D is under an obligation to retain/deal with property in a particular way - property are treated as belonging to the other (R v Hall)
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What is the rule on money recieved as charitable donations?
D under obligation to retain/transfer notes/coins (R v Wain)
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What is the rule of property recieved by D as mistake?
According to section 5(4) - D under legal obligation to restore property and intention by D not to make restoration = IPD (Attorney-General's Reference (No 1 of 1983)
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What is the mens rea for theft?
At the time of the appropriation, D must be dishonest and must have intention to permanently deprive.
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What is the section number for dishonesty?
Theft Act 1968 s2
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What is the test for dishonesty?
R v Ghosh - was D's conduct in appropriating property dishonest according to the standards of a reasonable person and did D realise this? (subjective test)
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Who decides for dishonesty?
Queston of fact fo rury to decide (R v Feely)
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What is the subjective assesment of D's belief according to R v Small?
Must be honest - need not be reasonable
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What are the 3 circumstances where D won't be considered dishonest?
D genuinely believes: has legal right to deprive other of it, the other would consent to it and the other cannot be located
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What is the section for IPD?
Theft Act 1968 s6
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Who has to proof that at the time of the dishonest appropriation by D, d had IPD?
prosectuion bruv (r v velumyl)
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Section 6(10 expands the meaning of IPD to include what?
Where D intends to treat property as his own to dispose of regardless of O's rights (R v Marshall)
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What is the case of R v Lloyd?
D borrowed and copied film before retuning it - no IPD
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Other cards in this set

Card 2

Front

What is the actus reus for theft?

Back

Appropriation of property belonging to another

Card 3

Front

Define appropriation

Back

Preview of the front of card 3

Card 4

Front

What is the act and section number for appropriation?

Back

Preview of the front of card 4

Card 5

Front

D need only assume 1 right of owner - not all. What's the case for this?

Back

Preview of the front of card 5
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