Lecture 23 - Theft

Question 1

what is the actus reus for theft

Answer 1

an appropriation of property which the law regards as belonging to another

Question 2

what is the mens rea for theft

Answer 2

d must act dishonestly and with an intention to permanently deprive

Question 3

what does section 4(1) of the theft act state property is

Answer 3

it includes money and all other property, real or personal, including things in action and other intangible property

Question 4

what does s5(1) of the theft act 1968 state about belonging to another

Answer 4

any person having possession or control of it, or having in it any proprietary right or interest

Question 5

what does s6(1) state about the intention to permanently deprive

Answer 5

intention to treat the property as his own to dispose of regardless of the others rights or
borrowing sufficient if period and circumstances equate to outright taking or disposal

Question 6

what does s2 of the theft act state about dishonesty

Answer 6

d wont be dishonest where 1 a claim of right b belief owner would consent c belief owner cannot be found by reasonable steps

Question 7

what was the significance of r v ghosh

Answer 7

it created the ghost test which asks 1 was ds conduct dishonest according to ordinary standards of reasonable and honest people
2 did d realise his conduct would be regarded as dishonest by reasonable and honest people