Theft Flashcards
What if theft?
S1 theft act defines states that a person is guilty of theft if they dishonesty appropriates property belonging to another with the intention of permanently depriving the other of it
What is dishonesty
Dishonesty is not defined in the theft act but in the Gosh test states that a person is dishonest if;
- what was done was dishonest according to the standards of reasonable and honest people
- d realised that what they were doing was dishonest by those standards
When will someone not be dishonest?
If they have a right in law
They would have the others consent
The owner cannot be discovered
What is appropriation
S3, appropriation occurs where there is an assumption of the rights of an owner. Gomez confirmed this can be any rights of the owner. It will be appropriation even if the owner consented
What is property defined as?
Property includes money and all other property, real or personal. Property doesn’t include kowledge, mushrooms, flowers, fruit and foliage, wild creatures and electricity
What is belonging to another
Property 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. Therefore it is possible that property can be stolen from someone other than the owner (turner(no 2))
What is intention to permanently deprive
D has the intention to permanently deprive if it is their intention to treat the thing as her own to dispose of.