Theft

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What sections of the Theft Act 1968 is the offence of theft defined under?
S1-7.
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What is the definition of theft?
'Dishonest appropriation of property belonging to another, with the intention to permanently deprive another of it."
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Appropriation is defined under S.3 Theft Act 1968. What is the definition of appropriation?
'Any assumption by a person of the rights of an owner.'
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What is the principle of Pitham and Hehl?
'The appropriation may be the assumption of any of the rights of an owner.'
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Which two cases support that any of the rights can be assumed?
Morris and Gomez.
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What is the principle of Atakpu and Abrahams?
The appropriation should have taken place in the country where the D has been prosecuted.
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Lawrence v MPC stated that there can be an appropriation even where...
...the owner has consented to the property being taken.'
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Can an appropriation include a reasonable and valid gift? (Hinks)
Yes.
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Property is defined under which section of the Theft Act 1968?
S.4.
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What is the definition of property?
"Money and all other property including things in action and other intangible property."
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Can a urine sample be property? (Welsh)
No.
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A body part subject to medical treatment could be classed property. Which case states this?
Kelly.
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What is the principle of Oxford v Moss?
Information is not property.
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Under S.4(3), plants etc on private property are personal property. Plants etc growing wild cannot be stolen unless...
...they are picked for profit, reward or commerce.
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What section of the Theft Act 1968 states that domesticated animals are regarded as personal property?
S.4 (4).
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S.5 of the Theft Act 1968 states that property belongs to another if another has 'a...
...proprietary right or interest in it, are in posession or control of it or hold a charge in it.'
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Which case stated that you can steal your own property?
Turner No 2.
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Which case stated that you do not have to be aware that you own property for it to be stolen?
Woodman.
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Under S.5 (3), property received under obligation is defined as "where a person receives property from or on account of another...
...and is under obligation to deal with that property in a particular way, the property shall be regarded as belonging to another."
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Name 4 cases where property was received under an obligation.
Hall, Klineberg and Marsden, Wain and Davidge v Bunnett.
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Property obtained by a mistake (S.5 (4)), is where "a person gets property by another's mistake and is under an obligation to make restoration...
...to the extent of the obligation, the property belongs to the person entitled to the restoration."
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What happened in AG Reference No 1 of 1983?
D had been under obligation to make a restoration when overpaid, but didn't and so was guilty of theft.
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What is the principle of Gilks?
There must be a legal obligation to restore the property.
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What case stated that property abondoned by the owner may become the property of the person who removes it?
Williams v Philips.
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If cheques are given for a particular purpose, there is theft where they are not used for that purpose. Which case supports this principle?
DPP v Hutchkinson.
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Dishonesty is found under which section of the Theft Act 1968?
S.2.
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S.2 (1) (a) states that the D is not dishonest 'so long as he appropriates property belonging to another for himself or...
...a third party, believing he has a legal right to do so' (Holden).
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S.2 (1) (b) states that the D is not dishonest 'if he takes property believing that...
...the owner would consent it.'
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S.2 (1) (c) states that the D is not dishonest, 'if he takes property believing the person it belongs to...
...cannot be discovered by taking reasonable steps.'
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If none of the 3 dishonesty tests apply, what test can be used to find whether the D was dishonest?
The Ghost test.
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Where dishonesty is clear, there is no need to apply any tests. What case is used in this situation?
Price.
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S.6 defines which part of theft?
Intention to permanently deprive.
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What two types of intent are used for intention to permanently deprive and what cases are used respectively?
Direct (Mohan) and oblique (Woolin).
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What case is used to demonstrate intention to permanently deprive?
Velumyl.
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What is the principle of Lavender?
The D treats the property as their own (dispose of).
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Borrowing is not usually sufficient for S.6 unless taking the property means...
...'the goodness and practical value' has gone out of the article (Lloyd).
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What is the principle of R v Raphael and another?
Selling stolen items.
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Conditional intent to steal is demonstrated by what case?
Easom.
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Other cards in this set

Card 2

Front

What is the definition of theft?

Back

'Dishonest appropriation of property belonging to another, with the intention to permanently deprive another of it."

Card 3

Front

Appropriation is defined under S.3 Theft Act 1968. What is the definition of appropriation?

Back

Preview of the front of card 3

Card 4

Front

What is the principle of Pitham and Hehl?

Back

Preview of the front of card 4

Card 5

Front

Which two cases support that any of the rights can be assumed?

Back

Preview of the front of card 5
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