Intention of Permanently Depriving Flashcards
What is the final element which has to be proved for theft?
that D had the intention to permanently deprive the other of the property.
What case is an example of when D intends to replace the money later?
Velumyl
What case is Velumyl?
D took money from an office safe and intended to replace the money. COA upheld conviction of theft as he had the intention of permanently depriving the company of the banknotes.
D took money from an office safe and intended to replace the money. COA upheld conviction of theft as he had the intention of permanently depriving the company of the banknotes.
What case is this?
Velumyl
What can be charged as theft while it is also criminal damage?
destroying property belonging to another
Where D takes a car, drives it and then abandons it, D may not have the intention to permanently deprive, what case showed this?
Zerei
What happened in the case Zerei?
D punched V and took his car. The car was found abandoned and D was convicted of robbery. Quashed on appeal as the judge had given the impression that a forcible taking was enough to show intention to permanently deprive which is not law.
D punched V and took his car. The car was found abandoned and D was convicted of robbery. Quashed on appeal as the judge had given the impression that a forcible taking was enough to show intention to permanently deprive which is not law.
What case is this?
Zerei
What is the significance of section 6?
this section explains and expands the meaning go the phrase ‘intention to permanently depriving’
How does section 6 explain the phrase ‘Intention of permanently depriving’?
It provides that if D appropriates property with the intention to treat the thing as his own, then this can be regarded as having intention to permanently deprive and dispose the owner of his rights.
What has the COA stated that the meaning of ‘dispose of’ is?
the Shorter Oxford Dictionary definition
“To deal with definitely: to get rid of, to get done with”
What case did the Divisional Court rule that the dictionary definition of ‘dispose of’ was too narrow as a disposal could include ‘dealing with’ property.
DPP v Lavender
What happened in the case of DPP v Lavender?
D took doors from a property being repaired and used them to replace his girlfriends damaged doors. The question was whether D had intended to rate the doors as his own regardless of the rights of the council. Guilty.
D took doors from a property being repaired and used them to replace his girlfriends damaged doors. The question was whether D had intended to rate the doors as his own regardless of the rights of the council. Guilty.
What case is this?
DPP v Lavender
