Theft

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  • Created by: abbie01xo
  • Created on: 08-05-18 09:05
what is the definition of theft
to dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it
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definiton of appropriation s3 (1)
any assumption by the person of the rights of an owner amounts to an appropriation
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what is the case for appropriation
gomez
3 of 17
the case for assuming a single right of the owner
morris
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what is the case for taking something with the owners consent
lawrence v MPC
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what is the case for reciept of a valid gift
hinks
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can the defendant be guilty of theft if they find the property?
no unless they dishonestly keep it
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what is the definiton of property s 4 (1)
property includes money and all other property, real or personal, including things in action and other intangible property’
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what is the definition of belonging to another s 5 (1)
‘property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest’
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can you steal your own property? what is the case for this?
yes, turner
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when doesn't somebody own property
when it is illegally obtained (sullivan and ballion)
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what about property that is abandoned?
still counts as belonging to them, hibbert v mckiernan
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is a mistake still theft?
only if they dishonestly keep the propperty after realising the mistake s 5 (4)
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what is dishonesty?
s 2 (1) doesn't define it but says where D isn't dishonest... honest belief they have the right to the property, owner consents, owner cannot be found by using reasonable steps
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what is the ghosh test?
is now modified by the case of Ivey v Genting Casinos which gets rid of the subjective element so D's conduct must bedishonest according to the ordinary standards of reasonable and honest people
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what is the definition to permenantlty deprive?
to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if, but on
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what is the case for this?
vinall
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Card 2

Front

definiton of appropriation s3 (1)

Back

any assumption by the person of the rights of an owner amounts to an appropriation

Card 3

Front

what is the case for appropriation

Back

Preview of the front of card 3

Card 4

Front

the case for assuming a single right of the owner

Back

Preview of the front of card 4

Card 5

Front

what is the case for taking something with the owners consent

Back

Preview of the front of card 5
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