Bookmark Flashcards
Cases under property
None
Property includes money and all other property real or personal including things in action and intangible property.
Define appropriation
Any assumption by a person of the rights of an owner amounts to appropriation.
Cases for belonging to another
R v Turner
Property under obligation S.5(3)
Davidge v Benett
Property received by mistake S.5(4)
AG’s reference
Two sections under belonging to another
Property under obligation S.5(3)
Property received by mistake S.5(4)
Dishonesty’s 3 exceptions
S.2
Right to deprive (R v Holden)
Others consent if they knew of the appropriation
Person to whom the property belongs to cannot be discovered by taking reasonable steps (Small)
Define intention to permanently deprive
To treat the thing as his own and dispose of regardless of the others rights
Cases for intention to permanently deprive
Treat the thing as his own - R v Velumyl
Dispose of regardless of the others rights - R v Lavender
Borrowing or lending - R v Lloyd
Conditional intent - R v Easom
Define force or threats of force
The application of force needs to be immediately before or at the time of theft
Case law under force or threats of force
R v Dawson and James
R v Clouden
B and R v DPP
Case law for application of force before or immediately at the time of theft
R v Lockley
Belonging to another
Belonging to any person having possession or control of it or having in it any proprietary right or interest.