Offences against a property- Theft Flashcards

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1
Q

What act is Theft under?

A

Section 1 Theft Act 1968

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2
Q

Definition of Theft

A

To dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

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3
Q

Actus Reus elements of Theft

A

Appropriation
Property
Belonging to another

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4
Q

What does appropriation mean?

A

Assumption of the rights of an owner

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5
Q

Appropriation can be label swapping case

A

Morris

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6
Q

Appropriation can happen with consent accompanied by deception case

A

Lawrence

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7
Q

Appropriation can happen with consent without any deception case

A

Hinks

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8
Q

Appropriation can be a continuing act case

A

Atakpu and Abrahams

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9
Q

Definition of property

A

All objects, intangible items and even body parts.

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10
Q

What can be stolen case

A

Kelly

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11
Q

what cannot be stolen?

A

Wild plants
Wild animals
Electricity
Confidential property

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12
Q

What can’t be stolen case

A

Moss

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13
Q

Definition of belonging to another

A

Possession or control or having proprietary rights of interest

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14
Q

proprietary rights

A

if someone else has right to property

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15
Q

Turner

A

Own possession

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16
Q

Woodman

A

Can be in possession even if you don’t know you have it

17
Q

Webster

A

proprietary interest

18
Q

phillips

A

Abandoned or lost property

19
Q

Obligation to use cases

A

Bunnett
AG reference 1985

20
Q

What are the two elements of mens rea?

A

dishonesty
intention to permanently deprive

21
Q

Dishonesty definition

A

No statutory
Three situations where D Would not be considered dishonest

22
Q

1(a)

A

Genuine belief

23
Q

Genuine belief

A

Appropriates property and has a genuine belief he or another person has legal right to it.

24
Q

Genuine belief case

A

Holden

25
Q

1(b)

A

consent

26
Q

Consent

A

Appropriates property believing owner would have given consent

27
Q

(c)

A

D believed the owner genuinely couldn’t be found

28
Q

Does not require a necessary reasonable belief case

A

small

29
Q

Test for dishonesty originally

A

Ghoul

30
Q

Why was the test for dishonesty changed

A

Not an accurate representation of the law

31
Q

Ivey test

A
  1. state of knowledge or belief as to the facts?
  2. standards of ordinary decent people?
32
Q

What criminal case confirmed the ivey test

A

Barton and Booth

33
Q

Permanently deprive definition

A

To dispose of regardless of owners rights

34
Q

Moved doors without permission and they belonged to council

A

Lavender

35
Q

Even if going to replace still permanently depriving

A

Velumyl

36
Q

Where property is borrowed for only a period of time

A

Llyold

37
Q

Conditional intent is not enough

A

Easom