property Flashcards
R v Turner (No2) (1971)
-D takes his car to a garage,
it is left outside to pick up when it is done until he pays,
-D said he will sneak back later with spare keys to take it without paying,
-D is reported and arrested and charged with theft,
-D was found guilty as the car was no longer D’s property.
Belonging to another (s5)
Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest.
R v Kelly (1999)
Kelly, an artist, was given permission to draw anatomical specimens by RCS. They used various body parts and were convicted of theft as parts of a corpse are capable of being property within section 4 of the theft act.
Property and Animals (s4) (4)
Wild creatures, tamed or untamed, shall still be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless ether it has been reduced into possession by, or on behalf of another person, and possession of it has not since been abandoned, or another person is in course of reducing it into possession.
Property and Plants (s4) (3)
A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not steal what he picks, unless he does it for a reward or sale, or other commercial purpose.
Property and Land (s4) (2)
A person cannot steal land or things forming part of of the land and severed it by him or by his directions, except
-if he is a trustee or
-when he is not in possession of the land and appropriates anything forming part of the land or
-when being in possession of the land under a tendency, he appropriates the whole part of any fixture let to be used with the land.
what property is things in action?
copyright.
what is intangible property?
debt,cheques,patented
what is personal property?
any personal belongings such as a car, bag, phone etc
what is real property?
land or buildings.
