There is no view to gain required (D sold property that didn't belong to him from a house he did not attend)
1 of 20
R v Lawrance
Consent is irrelevant if it is gained dishonestly (Taxi driver charged the Italian student too much)
2 of 20
R v Gomez
Consent is irrelevant if it is gained dishonestly (Consent of manager was given to pass a cheque D knew would bounce)
3 of 20
R v Hinks
Gifts can be appropriated if the amount is indefeasible/out of proportion (old man spent £60,000 on his carer which he could not afford)
4 of 20
R v Morris
Any of the rights can be assumed, it does not have to be all of them (D appropriated items as soon as he put them into his supermarket basket)
5 of 20
R v Kelly & Lindsay
Personal property such as body parts can be property is they require the attribute of the application of skill but corpses are not property (body parts were stolen for a sculpture)
6 of 20
Oxford v Moss
Confidential information = Not intangible property (exam questions stolen and then gave back)
7 of 20
AG of Honk Kong v Chan Nai Keung
Example of other intangible property (textile quotas)
8 of 20
R v Turner
You can steal your own property if someone else has possession and control of it (car at garage)
9 of 20
R v Woodman
You can steal property even if owner does not know that they still have possession and control of it (scrap metal)
10 of 20
R v Hall
There is no theft if there was no specific obligation in how to deal with the property (holiday booking)
11 of 20
Wineberg & Marseden
There will be a theft if there is a specific obligation to deal with the property in a certain way (V was promised time shares)
12 of 20
AG's reference (N1 of 1983)
Property recieved by anothers mistake will leave an obligation on the person to take reasonable steps to return the property (police woman overpaid)
13 of 20
R v Ghosh
Test for dishonesty - Objective - were the D's actions honest by the standards of a reasonable honest person. Subjective - At the time of the act was the D aware that their actions were not honest
14 of 20
R v Robinson
Exception to theft - A genuine belief that you have the right to deprive the owner of their property (Man owed £7 which fell out of pocket during fight)
15 of 20
R v Velumyl
Even if you intent to replace the money, unless it is the exact coins or bank notes it is still theft (manager of company borrowed money for the weekend)
16 of 20
DPP v Lavender
Treating property as your own will = appropriation (council doors taken for own flat)
17 of 20
R v Lloyd
Borrowing is not theft as long as there is never an intention to permanently deprive (cinema films copied and returned)
18 of 20
R v Easom
Borrowing is not theft as long as there is never an intention to permanently deprive (man looked through handbag and put it back)
19 of 20
Raphael and another
Treating property as your own = appropriation (D stole car and demanded money to return it)
20 of 20
Other cards in this set
Card 2
Front
Consent is irrelevant if it is gained dishonestly (Taxi driver charged the Italian student too much)
Back
R v Lawrance
Card 3
Front
Consent is irrelevant if it is gained dishonestly (Consent of manager was given to pass a cheque D knew would bounce)
Back
Card 4
Front
Gifts can be appropriated if the amount is indefeasible/out of proportion (old man spent £60,000 on his carer which he could not afford)
Back
Card 5
Front
Any of the rights can be assumed, it does not have to be all of them (D appropriated items as soon as he put them into his supermarket basket)
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