Theft Flashcards
Where is theft defined
s1 Theft Act 1968
Define theft
‘To dishonestly appropriate property belonging to another with intention to permanently deprive the other of it’
What section is appropriation found ?
S3
What’s appropriation?
Any assumption of the rights of the owner including a later assumption by keeping or dealing with it
What case says there can be more than one appropriation?
R v Vinall
What case says an appropriation includes the right to sell
R v Pitham
What does R v Morris state
Not all of the rights have to be appropriated
Is deceived consent still appropriation ?
Yes following Lawrence
What does R v Gomez state
It’s Still consent even if the owner says yes
What case states a gift is an appropriation?
R v Hinks
Can an appropriation be on going
No following R v Atakpu & Abrahams
What is property? [5]
- Money (cash if any currency)
- Real property (any thing attached to land)
- Personal property (anything that can be picked up)
- Things in action (a right that can be enforced against another)
- Other intangible property (copyright)
What section is property defined
S4
What cannot be stolen and what section is it found
ss4(3) any item severed if it’s growing wild (blackberries etc..)
ss4(4)Unless it’s for commercial use then it’s stolen
What section is belonging to another?
s5
Define belonging to another
Possession or control of the property or has a proprietary interest
What does R v Tuner state ?
Owner of property can be guilty of theft of their own property
What does R v Woodman state?
It’s possible for someone to be in possession or control even if s/he doesn’t know
What does Ricketts state?
Goods belong to the original owner until the new owner takes possession
Examples of a proprietary interest
- Trust property
- Property received under an obligation (deal with property)
- Property received by mistake
Cases for property received under an obligation
- R v Hall (not under obligation)
- R v Klineberg (obligated to deal with in a certain way)
- Davidge v Bunnet (obligation was not fulfilled)
Cases for property received by mistake
- AGR (No.1) - under obligation to return overpayment
- R v Gilks - under obligations but actions weren’t enforceable
What section is dishonesty
s2
Define what dishonestly isn’t
s2(1)-
[A]- right to deprive the other of it on behalf of him or another
[B]- would have consent if the other knew of the appropriation
[C]- person to whom the property belongs to cannot be discovered by taking reasonable steps
