Sections and Definitions Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is the section and statement for appropriation?

A

S.3 of the Theft Act
Any assumption by a person of the rights of an owner amounts to appropriation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the section and statement for property?

A

S.4
Property includes money and all other property real or person including things in action and other intangible property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the section and statement for belonging to another?

A

S.5
Belonging to any person having possession or control of it or having in it any proprietary right or interest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What section is dishonesty under as well as what are the three examples given when it is acceptable?

A

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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What subjective and objective test did the courts rely on for 30 years? What is the new case that replaced this?

A

Ghosh
Ivey v Genting, confirmed by R v Barton

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What section and statement are held by intention to permanently deprive

A

S.6
To treat the thing as his own to dispose of regardless of others rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Application of force statement

A

The application of force needs to be immediately before or at the time of theft

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

A completed theft is held by which case?

A

R v Concoran v Anderton

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Intention to permanently deprive has 4 sections, what are these?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly