11 Theft Flashcards
Is information property?
-no, Oxford v Moss [1979]
Can a person steak their own property?
-yes if it is under the legal control of another person I.e. A car from a garage - Turner (no. 2) 1971
What is appropriation?
-assumption of any rights of the owner - Morris and s.3(1)
I.e. Touching someone’s property/offering it for sale - Pitham and Hale 1976/destroying property
-an appropriation does not need to adversely affect the rights of the owner - Morris
What did Gomez (1993) find?
-an act expressly authorised by the owner may still amount to appropriation
What did Hinks find?
- 2000
- receiving of a gift may be an appropriation
What might count as an intention permanently to deprive?
- throwing Dickens out of the train window
- equivalent to an outright taking the. Intention permanently to deprive is found
In what circumstances will s person not be deemed dishonest?
- Belief that they have the right
- Belief that the owner would consent
- Belief that the owner could not be found
What is the common law test for dishonesty?
- the Ghosh (1982) test
1) objective test - was D dishonest based on the standards of reasonable and honest people?
2) subjective test - would D realise that reasonable and honest people would regard what he did as dishonest?
What are the 5 elements of theft?
- Appropriation
- Of property
- Belonging to another
- Dishonestly
- With intention permanently to deprive