Sections and Definitions Flashcards
What is the section and statement for appropriation?
S.3 of the Theft Act
Any assumption by a person of the rights of an owner amounts to appropriation.
What is the section and statement for property?
S.4
Property includes money and all other property real or person including things in action and other intangible property.
What is the section and statement for belonging to another?
S.5
Belonging to any person having possession or control of it or having in it any proprietary right or interest.
What section is dishonesty under as well as what are the three examples given when it is acceptable?
S.2
Right to deprive (R v Holden)
Others consent if they knew of the appropriation
Person to whom the property belongs to cannot be discovered by taking reasonable steps (Small)
What subjective and objective test did the courts rely on for 30 years? What is the new case that replaced this?
Ghosh
Ivey v Genting, confirmed by R v Barton
What section and statement are held by intention to permanently deprive
S.6
To treat the thing as his own to dispose of regardless of others rights.
Application of force statement
The application of force needs to be immediately before or at the time of theft
A completed theft is held by which case?
R v Concoran v Anderton
Intention to permanently deprive has 4 sections, what are these?
Treat the thing as his own R v Velumyl
Dispose of regardless of the others rights R v Lavender
Borrowing or lending R v Lloyd
Conditional intent R v Easom