Theft

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Theft is defined in
S1(1) of the Theft Act 1968
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Theft is defined as
A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention to permanently deprive
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Theft AR
Appropriates, property, belonging to another
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Theft MR
Dishonesty, Intention to permanently deprive
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Appropriation
s2 TA 1968 - Any assumption by a person of the owners rights
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R V Morris
In changing the labels D had assumed the right of the owner to decide the price
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Lawrence V MPC
It can still be an appropriation with D’s consent (Student spoke little English)
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R V Hinks
Even accepting a valid gift can sometimes amount to an appropriation, especially if the donor is vulnerable in some way.
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R V Pitham and Hehl
Assumption of the owner’s right to sell the property.
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S4(1) TA 1968
Property includes; real property, real money, personal property, things in action and other intangible property.
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s4(2) TA 1968
A person can’t steal land, or things forming part of the land except where Someone who severs anything considered part of the land from the land A tenant takes a fixture or structure from the land let to him, Someone legally entrusted to look after t
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s4(3) TA 1968
Wild plants, wild flowers, mushrooms etc, are not generally property which can be stolen unless they are picked for sale, reward or other commercial purpose.
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S4(4) TA 1968
Wild creatures generally can’t be stolen, unless, they have been tamed, are ordinarily kept in captivity or have been reduced into a person’s possession.
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R V Kelly and Lindsay -
A dead body or body parts don’t usually constitute as property except when they have been altered in some way for purpose of medical or scientific examination.
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R V Welsh
Bodily fluids count as property
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Oxford V Moss
Knowledge or information can’t be stolen
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R V Akbar
Took exam papers and gave to students
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s13TA
Electricity can’t be stolen although it can be abstracted
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S5 TA 1968
BELONGING TO ANOTHER -
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Belonging to another
Belonging to another means; having possession or control of the property
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R V Turner
Garage was in possession of the car at that time so was stealing his car from the garage.
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Rickets V Basildon Magistrates -
Clothes in bank belonged to the charity and clothes outside the shop belong to the donor.
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s5(3)
If D receives property and is under a legal obligation to use it in a particular way, that property will still be treated as belonging to the giver.
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Davidge V Burnett -
Obligated to pay gas bill with money from flatmates not to pay for presents
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s5(4) -
If D receives property by mistake and is under a legal obligation to return it, that property will still be treated as belonging to the party who made the mistake.
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AG’s ref no1 of 1983-
Under a legal obligation to give the money she’d realised she’d been overpaid back to her employer
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R V Gilliks
If D has a legal obligation to return the property and betting transactions to not create legal obligations, d had not committed theft.
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S2 TA 1968
DISHONESTY
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DISHONESTY
Provides no definition but 3 situations where D has NOT been dishonest
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S2(1)(a) -
D is not dishonest if he believes he has a legal right to deprive the other person of the property
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Robinson
Threatened V’s partner for money owed by V took £5 from her as part of the payment.
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S2(1)(b)
D is not dishonest if he believes the owner would have consented to the appropriation if they knew about the circumstances.
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Holden
Took tyres from former employer with the belief he had permission
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S2(1)(c)
D is not dishonest if he believes the owner of the property cannot be found through taking reasonable steps
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Small -
Claimed the car had been left for over a week with keys in the ignition conviction quashed only if he believed it was impossible to find the owner.
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GOSH TEST
Would D’s actions be considered dishonest by ordinary standards of reasonable and honest people AND Was D aware his actions would be considered dishonest by those standards.
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S6 TA 1968
INTENTION TO PERMANENTLY DEPRIVE
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INTENTION TO PERMANENTLY DEPRIVE
Means intending to treat the property as ones to dispose of regardless of the owner’s rights.
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DPP V Lavender
Treated the doors as his own to move and permanently deprive one house from that door.
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R V Velumyl
Intention to deprive the company of those specific bank notes not the amount.
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R V Warner
By only taking for an hour with intention to return shows borrowing
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s6(2) -
Borrowing can amount to an intent to permanently deprive if property is kept for such a time in such circumstances which make it equivalent to outright taking or disposal.
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R V Lloyd
Intended to return the DVD before someone realised it was gone. Conditional intent
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R V Easom-
Put bag back after looking through not enough to show intent to permanently deprive.
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R V Warner
By only taking for an hour with intention to return shows borrowing
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s6(2) -
Borrowing can amount to an intent to permanently deprive if property is kept for such a time in such circumstances which make it equivalent to outright taking or disposal.
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R V Lloyd
Intended to return the DVD before someone realised it was gone. Conditional intent
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R V Easom-
Put bag back after looking through not enough to show intent to permanently deprive.
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Other cards in this set

Card 2

Front

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention to permanently deprive

Back

Theft is defined as

Card 3

Front

Appropriates, property, belonging to another

Back

Preview of the back of card 3

Card 4

Front

Dishonesty, Intention to permanently deprive

Back

Preview of the back of card 4

Card 5

Front

s2 TA 1968 - Any assumption by a person of the owners rights

Back

Preview of the back of card 5
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