Robbery and theft Flashcards
Theft ACT 1968
a person is guilty of theft if they dishonestly appropriate property which belongs to another with the intention to permanently deprive the other of it
Appropriation
S.3 Any assumption by a person of the rights of the owner( R V Morris) supermarket switch
What if a victim consents to appropriation?
Lawrence - foreign person
What if the victim gives the defendant a gift
R V hinks
What if the defendant leaves empty handed
Cocoran V Anderton
Property
S.4 ncludes money and all other property, real or personal including things in action and other intagible property
Belonging to another
S.5 ‘Property shall be regarded as belonging to any person having posession or control of it or having in it any proprietary right or interest’
R V Turner
Guy was found guilty of stealing his own car
What if you had an obligation to deal with property in a certain manner?
S5(3)
What if the defendant recieves the property by mistake?
S5(4)
Who does abandoned property belong to
R V Woodman
Mens Rea
-Defendant was dishonest
-Defendant must have the intention to permanently deprive the owner of the property
Dishonesty
R V Gosh required the actions of the defendants to be both subjective and objective
A new test was developed in Ivey V Genting Casino which requires only an objective test.
What if the defendant gives the victims gods as a gift
R V Hinks
Property
Money and all other property rel or personal including things in action and other intagible property
