How does Section 1 Theft Act 1968 define someone of being guilty of theft?
if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
1 of 24
What forms the actus reus
appropriation
property
belonging to another
2 of 24
Under s3{1} how is appropriation defined with examples
any assumption of the owner's rights including later assumption where someone comes by the property without having initially stolen it
take, sell, destroy, lend consume
3 of 24
What cases can be used here
Morris
Pitham v Hehl
4 of 24
What is the link between appropriation and consent
There can be an appropriation even when the owner consents as long as this consent is obtained by deception
5 of 24
What cases can be used here
Lawrence
Gomez
Hinks
6 of 24
How does s4[1] define property
money, real and personal property including things in action and other intangible property
7 of 24
What does s4[3] say isn't usually property unless there is an exception
wild plants unless taken for reward or sale
8 of 24
What cases can be used to establish property
Welsh - urine sample belonged to lab
Oxford v Moss - exam paper info not preoperty
Kohn - money is property
R v Smith and others - class A drugs are property
9 of 24
How does s5[1] define belonging to another
possession, control or proprietary interest
10 of 24
What are cases for this
Turner
Woodman
11 of 24
What does s5[3] say about having an obligation to deal with property or its proceeds in a particular way
where a person receives property from another and is under an obligation to retain and deal with that property or its proceeds in a particular way, the property/proceeds belongs to another
12 of 24
What are cases for this
Davidge v Bunnett
Wain
13 of 24
how does s5[4] elaborate on this
property received by mistake belongs to another where D has obligation to make restoration
14 of 24
give cases for this
AGS ref 1
Gilks
15 of 24
What makes up the mens rea of theft
dishonesty
intention to permanently deprive
16 of 24
what does s2[1] say are the exceptions to make d not dishonest
a - believes he has legal right to appropriate property
b - believes owner would consent to appropriation
c - believes owner cannot be discovered by taking reasonable steps
17 of 24
what is a case for part a and what is a case for part c
holden
small
18 of 24
when is the ghosh test used
where these exceptions do not apply
19 of 24
what is the ghosh test
note part 2 remains in force until definitely overruled
1. would d's behaviour be regarded as dishonest by standard of honest reasonable man
2. did d realise that their conduct was dishonest by those standards
20 of 24
how does s6[1] define an intention to permanently deprive
intention to treat the property as his own to dispose of regardless of the owners rights
21 of 24
what are cases for this
velumyl
dpp v lavender
raphael
22 of 24
how does s6[1] elaborate on this
can include borrowing or lending property for period and in circumstances equivalent to outright taking or disposal
23 of 24
give cases for this
lloyd
dpp v j and others
24 of 24
Other cards in this set
Card 2
Front
What forms the actus reus
Back
appropriation
property
belonging to another
Card 3
Front
Under s3{1} how is appropriation defined with examples
Back
Card 4
Front
What cases can be used here
Back
Card 5
Front
What is the link between appropriation and consent
Comments
No comments have yet been made