Property offences- THEFT. Flashcards
- S.1 THEFT ACT 1968?
Dishonesty appropriates property belonging to another with the intention of permanently depriving the other of it.
2.MORRIS? APPROPRIATION?
Appropriation means that D only had to assume one of the owners rights.
2.GOMEZ
There can be an appropriation even if the owner of the property consented to D taking it. An appropriation occurs as soon as one of the owners rights is assumed by D.
S.4?
Property includes:
- money
- real property if a. d severs something from the land or b. a fixture.
- personal property
OXFORD V MOSS?
Electricity is not property for the purposes of theft, nor is is electronically stored information. In OXFORD V MOSS, knowledge of the questions on an examination paper was held not to be property under s.4(1).
S.5(1)?
Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest.
TURNER?
It is possible to steal your own property if it is under someone else’s possession or control, or someone else has a proprietary interest in it.
S.5(3)?
Where property is handed over to D by V and there is a legal obligation on D to keep it or deal with it in a particular way, it is still considered as belonging to V.
S.5(4)?
Where D receives property by mistake and there is a legal obligation to give it back, then it still belongs to another.
PROPERTY BEEN ABANDONED?
Property does not belong to another where it has been abandoned. This means V is indifferent as to any future appropriation of the property by others.
THE 1968 ACT DOES GIVE THREE SITUATIONS WHICH ARE NOT DISHONEST, WHERE D APPROPRIATES THE PROPERTY IN THE BELIEF…?
i. that he has in law the right to deprive the other of it- s.2(1)(a).
ii. he would have the others consent if the other knew of the appropriation and the circumstances of it- s.2(1)(b).
iii. the person whom the property belongs to cannot be discovered by taking reasonable steps- s.2(1)(c).
IVEY V GENTING CASINOS?
Was D’s act dishonest by the ordinary standards of reasonable and honest people?
VELUMYL?
Intention to permanently deprive the company of the actual banknotes, it didn’t matter if he intended to replace them with other bank notes to the same value.
S.6?
D will be regarded as having an intention to permanently deprive where, although D doesn’t mean V to lose the property permanently, D has the intention to treat it as his own to dispose of regardless of the other’s rights.
LLOYD?
Normally, borrowing property is not theft, however it can be where D borrows property but his intention is to return it in such a changed state that all its goodness, virtue or practical value has gone.
