11 Theft Flashcards

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1
Q

Is information property?

A

-no, Oxford v Moss [1979]

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2
Q

Can a person steak their own property?

A

-yes if it is under the legal control of another person I.e. A car from a garage - Turner (no. 2) 1971

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3
Q

What is appropriation?

A

-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

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4
Q

What did Gomez (1993) find?

A

-an act expressly authorised by the owner may still amount to appropriation

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5
Q

What did Hinks find?

A
  • 2000

- receiving of a gift may be an appropriation

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6
Q

What might count as an intention permanently to deprive?

A
  • throwing Dickens out of the train window

- equivalent to an outright taking the. Intention permanently to deprive is found

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7
Q

In what circumstances will s person not be deemed dishonest?

A
  1. Belief that they have the right
  2. Belief that the owner would consent
  3. Belief that the owner could not be found
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8
Q

What is the common law test for dishonesty?

A
  • 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?
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9
Q

What are the 5 elements of theft?

A
  1. Appropriation
  2. Of property
  3. Belonging to another
  4. Dishonestly
  5. With intention permanently to deprive
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