Theft

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What Act is Theft governed by?
The Theft Act 1968
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What type of offence is Theft and what is the max. sentence?
Triable either way. 7 years.
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What is the definition of Theft?
'A person is guilty of theft is he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it'
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What are the 3 parts of the AR?
Appropriates, property, belonging to another
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What are the 2 parts of the MR?
Dishonestly, with the intention of permanently depriving the other of it
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When does the appropriation take place?
As soon as D assumes any of the owner's rights
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State some examples of owner's rights
Selling the property, destroying the property, possessing the property, using the property, consuming the property
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Does D have to have assumed all of the owner's rights to be guilty?
No - one is enough (MORRIS, ANDERTON)
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State the facts of MORRIS and the POL
D switched labels on 2 items, putting the cheaper label on the item he wanted. Guilty. Enough for prosecution if they have proved an assumption of any one of the rights, doesn't have to be all
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State the facts of ANDERTON and the POL
D removed price label, replacing it with a lower price from another item. Guilty of theft. Confirmed MORRIS.
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What are the case facts for ATAKPU AND ABRAHAMS and the pol?
2 defendants - hired cars in Germany/belgium, false licenses, passports. Arrested in Dover. NG, moment of appropriation was when the obtained the cars and the theft was outside of England. Appropriation takes place as soon as first assumed rights.
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There has to be a physical act. What case said this?
BRIGGS - D had asked solicitors to invest part of the sales of her elderly relatives house into a house for her and her father. NG of theft - wasn't a physical act.
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Can there be an appropriation even when the owner has consented to the act?
Yes (LAWRENCE, GOMEZ)
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Case facts of Lawrence
Italian student - spoke little English. D (taxi driver) took money, saying he'd consented. Guilty- there can be an appropriation where the owner has consented
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Case facts of Gomez
D persuaded manager to sell expensive goods. Said cheques were as good as cash (they were worthless). NG- there had to be 'adverse interference' for there to be appropriation.
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Other cards in this set

Card 2

Front

What type of offence is Theft and what is the max. sentence?

Back

Triable either way. 7 years.

Card 3

Front

What is the definition of Theft?

Back

Preview of the front of card 3

Card 4

Front

What are the 3 parts of the AR?

Back

Preview of the front of card 4

Card 5

Front

What are the 2 parts of the MR?

Back

Preview of the front of card 5
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