Property Offences - Theft Flashcards
What is the basic definition of theft?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
What is the actus reas for theft
Appropriate, Property, Belonging to another.
What does appropriation mean?
When any of the owners rights are assumed, one right is sufficient enough.
What is the significance of Morris?
As long as D assumes any of the rights there has been an appropriation
What is the significance of Lawrence?
D can appropriate even if the owner has consented to the taking
What does property include?
Includes money and all other property, real or personal, including things in action and other intangible property.
What does S.13 say?
Electricity is not property.
What is significant about Kelly?
Body parts are not property unless they have been worked on.
What is significant about Oxford?
Information is not property.
Belonging to another includes what?
Any person having possession or control of it, or having any proprietary right or interest.
What is the significance of Turner?
Property can belong to more than one person, i.e. you can steal your own property.
What is the significance of Davidge?
Property given under an obligation to deal with it specifically, must be dealt with accordingly - i.e. money for bills
What is the significance of the AG’s Ref?
Property acquired by mistake still belongs to the original owner.
What is the mens rea for theft?
Dishonestly, Intention of permanently depriving.
What does R.A.C stand for?
Right to the property
if v Consents to the taking
Abandoned
