an appropriation can still take place with the owners consent if it was obtained by deception or fraud
1 of 14
R v Kelly (AR = S4 property)
even human body parts can amount to property
2 of 14
oxford v Moss (AR = S4 property)
confidential information does NOT amount to property
3 of 14
R v Woodman (AR = S5 belonging to another)
property can be stolen even if V did not know of its existence
4 of 14
R v Hibbert (AR = S5 belonging to another)
Taking 'lost' (not abandoned) property can amount to theft
5 of 14
R v turner (AR = S5 belonging to another)
you can steal your own property if someone else has a right or 'interest' in it
6 of 14
Davidge v bennett (AR = S5 belonging to another)
obligation to use in a particular way
7 of 14
AG ref no. 1 of 1983 (AR = S5 belonging to another)
if you are given something by mistake, under S5(4) there is a duty to make restoration (give back). if this doesn't happen there may be a theft
8 of 14
R v Small ( MR = S2(1)(a) dishonesty)
he has the right to deprive the other of it
9 of 14
Ghosh (MR-dishonest)
ghosh test used if S2(1)(a) does not apply. Q1 - was D's act dishonest by the standards of the reasonable and honest man if yes MR is fulfilled.
10 of 14
Ivey v Genting casino's
there is a second part of the Ghosh test (did D realise the act would be regarded as dishonest) but has been ruled to not represent the true position in law and is unnecessary.
11 of 14
R v Raphael (MR= intention to permanently deprive)
where D's intention is to treat the property as his own to dispose of regardless of the other's rights - D had taken V's car by force and demanded repayment.
12 of 14
R v Lloyd (MR= intention to permanently deprive)
if, when you return the item it has reduced in value or 'all the goodness or virtue is gone', it will still amount to theft
13 of 14
R v Velumyl (MR= intention to permanently deprive)
if D was unable to return the exact items he took e.g. cash, then it still amounts to theft.
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