Property Offences- Theft Flashcards
AR of theft
The appropriation of property belonging to another
MR of theft
D acting dishonestly with the intention of permanently depriving another of it
Law on theft is defined in
S1 of theft act
Category of offence
Triable eitherway
Max sentencing
7 years
Appropriation-
Morris
Removed articles from shelves and switched labels on items. Their intention was to pay lower price , developed appropration as switching labels is appropriation when attempting to pay lower price
Appropriation
Lawrence
D a taxi driver took a further £6 from a Italian tourist, and argued it was consented. Belief or absence of belief of consent isn’t consent. An appropriation can take place without consent from owner.
Appropriation
Gomez
D was asked by B, to supply goods (money) in exchange of 2 cheques that D knew were stolen. D got the authority from manager, but didn’t tell him it was stolen. Consent from manager irrelevant still an appropriation
Appropriation
Hinks
D, a career of an old man of low intelligence persuaded him to give gifts to her totalling £60,000. Agreed with Lawrence and Gomez that it was irrelevant whether the act of appropriation was done with/without consent
Property
Oxford v moss
D, a uni student obtained a copy of an exam paper, read it and replaced it. It was never his intention to take the paper away. Information in the paper didn’t amount to intangible property
Property
Turner No2
T left car at a garage for repairs and took it back using spare key without paying. Convicted, even as a owner, as the car was in control and possession of garage. Can be convicted of theft of your own property.
Property
Kelly and Lindsay
D stole body parts and burned them. There was an exception to the common law rule that there’s no property in a corpse. Parts of corpse were capable of being property, the college had possession
Property-
Woodman
D took scrap metal from disused factory site. The occupiers didn’t know it was there. A person has possession of any property on his land, even if he’s not aware.
Belonging to another
R v Basildon magistrates court
Took bags from a charity shop, claiming it had been abandoned. Convicted, property belonged to another (charity shop)
Belonging to another
Hall
D a travel agent received money form clients for a holiday. No flights were materialised and no money refunded. Not guilty, as although d had a contractual obligation to client he couldn’t be guilty as no special arrangements were made
Belonging to another
Webster
Sold a medal, convicted of theft. If property was received there can still be theft if there’s an obligation to deal with the property in a particular way. Belonging to another.
Dishonest
Davidge v Burnett
D received cheques from flat mate to pay for gas bill. D spent the money on Xmas presents. Liable under S5 theft act, as the cheques has been given with the obligation to pay bill
Dishonest
Attorney general ref (no1)
Women mistakenly overpaid £74 for her salary she didn’t tell her employer she had dishonest intent
Dishonest
Gilks
D was overpaid winnings by mistake from a bookmaker, d knew it was a mistake and kept money. Guilty, D’s conduct was dishonest conviction upheld
Dishonest
Ghosh
D a surgeon claimed money in respect of operations he’d not carried out. Conviction upheld. Must decide if D was dishonest by looking at the ordinary standards of reasonable& honest people. If it was dishonest, jury must consider whether D realised what he was doing was dishonest. Develops test for dishonesty
Dishonest
Ivey v getting casinos
Man tried to rob a casino, overruled Ghosh test. Shifts to objective test would a reasonable person think he was dishonest
Intention to permanently deprive
Velumyl
V was a manager who took money from office safe, intending to turn it when he was repaid the money owed. Conviction upheld as he interested to permanently deprive intention to replace with different notes was irrelevant
Intention to permanently deprive
Zerei
D approached a car told V he was going o take the car, d punched v pulled out a knife took keys and drove off. Robber conviction quashed due to misdirection
intention to permanently deprive
DPP V lavender
L took doors from council property and used them. Conviction upheld. They belonged to council and had intention
Intention to permanently deprive
Lloyd
L lent film from Friend took a copy of it and gave it back. No intent to deprive as he gave back the original copy not guilty
