Property Offences - Theft Flashcards
What is the actual reus of theft?
Appropriation,property belonging to another.
What is the men’s rea of theft?
Dishonesty, intention to permanently deprive.
What is the definition of theft?
A person id guilty of theft if he dishonestly appropriates property belonging to another with the intention of permenantly depriving the other of it.
What sets out the definition of theft?
S1 of the theft Act
What is the definition of Appropriation? (AR)
The defendant assuming the rights of the owner.
What sets out the definition of appropriation?
S3(1) the Theft Act (Pitham V Hehl)
What cannot be defined as property?
- wild plants
- Wild animals
- electricity
What can be defined as property?
- money
- personal property
- things in action
What did the case of Lawrence set out?
There can be appropriation for the purpose of the theft act even if the owner consented to the appropriation.
What can belonging to another be defined as?
Property belongs to any person who has possession or control of it or a proprietary right or interest.
What set out the definition of ‘belonging to another’ ?
S5(1) of the theft act - Turner No.2
What is the new test for dishonesty? (MR)
1 - did the individual know what they were doing was dishonest?
2- would the reasonable person see it as dishonest?
What was the case that set out the new test for dishonesty?
Ivey v Genring casino
What are the three scenarios where an action should be considered as honest?
1- they believe by they have the right to deprive by law
2- they would have the consent of the owner
3- the owner cannot be discovered by taking reasonable steps
Define intention to permenantly deprive (MR)
If their intention is to treat the thing as their own to dispose of regardless of the others rights.
