Theft Flashcards

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  • Created by: bananaaar
  • Created on: 12-05-15 16:12
Definition of theft?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
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Where is theft defined?
Section 1 of the theft act.
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Section 1 Theft Act 1968?
A person is charged under this.
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Section 2 theft act?
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Section 3 Theft Act?
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Section 4 Theft Act?
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Section 5 Theft Act?
Belonging to another
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Section 6 Theft Act?
Permanently depriving.
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Conditions under appropriation?
Assumption of any one right of owner, later assumption of right, Consent to appropriation, gifts and appropriation, protection of innocent purchases.
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Assumption of any one right of owner?
[Morris] [Pitham v Hehl] [Cocoran v Anderton]
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D swapped price labels on 2 products and placed lower priced product in basket. Appropriation was any interference with any of the owners rights.
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[Pitham v Hehl]
D sold furniture belonging to another person. Appropriation existed and no need to remove/touch furniture.
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[Cocoran v Anderton]
2 youths pulled womans handbag from her grasp causing it to fall to the floor. The seizing of the bag was enough for appropriation even though bag was not taken.
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Later assumption of rights?
S3 Theft Act also covers when D comes by property without stealing it, but has later assumed a right to it by keeping it.
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Consent to appropriation?
Can still be appropriation despite consent [Lawrence] [Morris] [Gomez]
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D took money from wallet offered by Italian student. Was classed as appropriation as student only consented to proper amount of money being taken.
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D assistant manager of shop who persuaded boss to sell goods. D paid with stolen cheques. Ruled that appropriation can occur with consent.
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Gifts and appropriation?
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D befriended man who gave D about £60,000 and a television. Appropriation existed even though money was a legal gift in civil law.
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What is property under section 4?
Money, Real property, personal property [Kelly and Lindsay], things in action [kohn], other intangible property [Oxford and Moss]
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[Kelly and Lindsay]
K made sculpture casts of body parts L brought from job at Royal College of Surgeons. CA held body parts had been changed and had become property.
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When K drew cheques on the company's account to meet his own personal liabilities he was guilty of theft, as the bank account was a thing in action. This also applies to overdraft facility.
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Protection of innocent purchases s3
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D purchased antiques not knowing they were stolen. By the time he was told by police he had sold some of them to another person. He was found not guilty as although he appropriated property by keeping or dealing with property as owner, he was protect
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[Oxford and Moss]
A student took an exam paper, read the questions and then returned it. Confidential information is not theft in regard to theft act. If the student kept the paper this would amount to theft of the paper itself. (personal property)
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Not property for purposes of s1 theft act.
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What does not amount to property?
Mushrooms, fruit, flowers, foliage when growing wild. But is theft if sold for commercial purposes. However it is possible to steal cultivated plants. Cannot steal a wild creature not tamed not ordinarily kept in captivity.
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Belonging to another?
Possession/control does not have to be lawful, can steal own property [Turner], possible for someone to be in possession of something they ddont know is there [Woodman], financial right, lost property, abandoned has no owner.
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D left car at garage for repairs and took it without paying using spare key. D convicted even as owner, as car was in possession and control of garage.
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[R v Basildon]
D took bags from outside charity shop claiming to be abandoned and took bags from bin outside shop. Held that the bags outside door belonged to donor and those in bin belonged to shop.
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D took scrap metal from property belonging to English China Clays. D convicted even though ECC did not know scrap metal existed.
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Property received by mistake?
Under obligation to give it back [AG reference No1 1983] [Gilks]
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[AG reference No1 of 1983]
Woman mistakenly overpaid by £74.74 into her bank account. CA said obligation to restore money and dishonest intention not to restore meant theft was complete.
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D overpaid by bookmaker but kept money. No theft as betting transactions are not legally enforceable.
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Property received under obligation?
Can still be theft if there is an obligation to deal with property in a certain way. [Hall] [Klineberg and Marsden] [Davidge v Bunett] Charity collectors do not hand over money to beneficiaries (charity) then this is theft [Wain] Mistake - restore.
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D was travel agent who placed travel deposits in general bank account and business failed. D conviction was quashed as no obligation to use each deposit to buy particular tickets.
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[Kleinberg v Marsden]
K and M ran timeshare company. Purchasers told money going into independent trust company bit most went straight to K and M. Were convicted as obligation to deal with money in a certain way.
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[Davidge v Bunett]
D given money by flatmates to pay bills but bought xmas presents instead. D convicted of theft as obligation to deal with money in particular way.
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Put money from charity events into personal bank account. Was unable to pay money to charity as he spent it. Held that D was under a trust obligation to retain the proceeds. Therefore the money belonged to the beneficiaries of the trust (the charity)
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What is not dishonest under S2?
Honest belief in a legal right to deprive other person of it. Honest belief that the owner would consent. Honest belief that the owner cannot be found, having taken reasonable steps to do so.
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Willingness to pay?
Doesn't stop it from being dishonest.
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D drove car which had not been moved for week but was unlocked with key in ignition. D not convicted as honest belief car had been abandoned.
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Meaning of dishonesty in [Brutus v Cozens]?
Ordinary word
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Meaning of dishonesty in [Feely]?
Current standards of ordinary, decent people.
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Meaning of dishonesty in [Boggeln v Williams]
Subjective test used as to Ds own honesty.
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Leading case of dishonesty?
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[Gosh] test?
Objective test Was what D did dishonest in the ‘ordinary standards of reasonable and honest people’ 2. Subjective Test Did D realise he was being dishonest based on the standards of ordinary and reasonable people If he did then D is guilty.
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D was a locus doctor who claimed fees for an operation he had not done and said he was not dishonest as he was owed the same amount in consultation fees. He appealed and CA created new test.
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Intention to permanently deprive (s6)
Where money is taken and same value replaced, this is still permanently deprive [Velumyl] Destruction of property is permanently depriving Borrowing is theft if equivalent to outright taking even if there is intention to return it [Lloyd]
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Conditional intent?
Condition intent is sufficient where the D will steal if there is something worth taking [Easom]
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D was a manager who took money from office safe intending to return it when repaid money owed. CA upheld conviction as intended to permanently deprive company of the particular notes. Intention to replace irrelevant.
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D took doors from council property being repaired and used them. D conviction upheld as council had property interest in doors and D treated them as his own.
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D lent film by cinema projectionist. Made copywright and returned film. No theft as film returned in original state and no intention to permanently deprive.
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D picked up handbag and looked inside bu replaced it, taking nothing. Ds theft conviction quashed as no evidence intended to permanently deprive owner of bag or contents.
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Other cards in this set

Card 2


Where is theft defined?


Section 1 of the theft act.

Card 3


Section 1 Theft Act 1968?


Preview of the front of card 3

Card 4


Section 2 theft act?


Preview of the front of card 4

Card 5


Section 3 Theft Act?


Preview of the front of card 5
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