Theft

Question 1

Define theft

Answer 1

… Could potentially amount to theft

S1 theft act - person is guilty if they dishonestly appropriate property belonging to another with intention to permanently deprive

Question 2

Actus reus - dishonesty

Answer 2

Defined in gosh test
A person is dishonest if it was dishonest by standards of reasonable honest people and if they realised it was dishonest by those standards

Theft act states someone isn’t dishonest if they believe they have right in law, would have the others consent or the owner can’t be discovered

Question 3

Appropriation

Answer 3

S3 - Appropriation occurs where there’s an assumption of the rights of an owner
Gomez confirms this can be any rights of the owner
It will be appropriation even if the owner consented to the appropriation (Lawrence)

Question 4

Property

Answer 4

Includes money and all other property, real or personal.

Doesn’t include knowledge, mushrooms, flowers, fruit and foilage, wild creatures and electricity

Question 5

Belonging to another

Answer 5

Belongs to another if they have possession or control of it or any proprietary interest in it or it has been received under an obligation or mistake

Its possible that property can be stolen from someone other than the owner (Turner (No 2))

Question 6

Intention to permanently deprive

Answer 6

Has intention to permanently deprive if its their intention to treat the thing as their own to dispose of

Question 7

Conclusion

Answer 7

In light of the above I believe that D will be /won’t be found guilty of theft