Criminal Law: Theft Flashcards
What is theft?
Under S1 of the Theft Act 1968 - someone who dihonestly appropriates property belonging to another with the intention of permanetly depriving the other of it.
What is the actus reus for theft?
The actus reus is the appropriation, defined under section 3 illustrated by Morris 1984, of property, defined under section 4 illustrated by Kelly 1998, belonging to another.
What is the mens rea for theft?
the dishonest intention to permanently deprive the other of it.
Dishonesty is defined under section 2 and can be established through applying the principles of Ivey v Genting Casino 2017: Whether the defendant knew what they were doing and whether an ordinary person would say this was dishonest.
section 6 defines the intention to permanently deprive as the disposal or outright taking of property.
What is appropriation?
Taking over the rights of the owner e.g. selling property, possessing propert, consuming property.
What are two example cases for theft?
R v Pitham and Hehl 1977: the defendant appropriated by offering the furniture for sale.
R v Morris 198: The defendant appropriated because he switched the price labels.
