Test: Theft Flashcards
Section 1(1) theft
Dishonestly appropriating property belonging to another with the intention to permanently deprive
S3(1) appropriation
A person assuming rights of the owner
How many rights must D assume and case
One, R v Morris
Appropriation can happen even if V consents
Lawrence v MPC
Appropriation happens at one moment in time
R v Gomez
Appropriation can occur from accepting a gift
R v Hinks
Assumed right to offer property for sale (V was in jail)
Pitham v Hehl
What does section 3(1) also say
There can be initially innocent appropriation
4(1) Property
Money, personal, real, things in action, intangible
Bodily fluids also count as property
R v Welsh
Corpse does not count as property unless it has a use, medical, education etc
R v Kelly and Lindsay
Information does not count as property
Oxford v Moss
Land can’t be stolen unless
- someone who severs anything considered part of the land from the land
- a tourist taken a fixture or structure from the land let to him
- someone legally entrusted to look after the land abuses this power
S5(1) belonging to another
Possession or control of the property
D can steal own property
R v Turner
There was still BTA in… Original owner still had proprietary interest until intention can be filled
Rickets v Basildon Magistrates
S5(3) - if D receives property and is under a legal obligation to use it in a particular way, that property will still be treated as belonging to the giver
Davidge v Burnett
S4(4) - If D receives property by mistake and is under a legal obligation to return it, that property will still be treated as belonging to the party who made the mistake
Att Gen
S2(1)(a) - D is not dishonest if he believes he had a legal right to deprive the other of the property
Robinson
S2(1)(b) - D is not dishonest if the defendant believes that the owner would have consented if they were aware of the appropriation and its circumstances
Holden
S2(1)(c) - D is not dishonest if D believes the owner cannot be found taking reasonable steps
Small
If D cannot prove an exception must use
Ivey test
Ivey test
a) decide what D believes the facts of the situation were
b) whether they felt his conduct was dishonest on those facts according to the ordinary standards of reasonable and honest people
S2(2)
- D may still be dishonest even though he is willing to pay for the property
6(1) intention to permanently deprive
Intending to treat the property as ones to deal with regardless of the owners rights
Case where D had IPD
DPP v Lavender
Case show it must be intention to permanently deprive, temporarily depriving does not count
R v Warner
Even if D did intend to return the money he would of permanently deprived the ‘exact’ money from the safe
R v Velumyl
S6(1) - when borrowing ends
When something has been kept for such time and circumstances that its outright taking
When does… …say something has been taken for such time/such circumstances?
Means when Goodness, virtue and value have been reduced
R v Lloyd
Conditional intent is not enough for commuting theft
R v Easom - intention to permanently deprive is based upon condition that V has something worth stealing
