theft Flashcards
Defined in S.1 Theft Act 1968
AR - Appropriating (A) property (P) belonging to another (BTA)
A - Defined in S 3(1) as “any assumption by a person of the rights of an owner”
A - D doesnt have to assume all rights just any (Morris)
A - Consent is irrelivant to A (lawrence)
A - D doesnt have to get away with the P (Anderton)
A - includes the right to sell (Pitham)
A - if an item is a gift it can still be A (Hinks)
P is defined in S 4 and includes money and all other personal P, personal P including things in action and intangible P in S 4 1
you cannot steal
confidential information (Oxford v Moss)
you cannot steal
plants and flowers under s 4 3
only applies to wild flowers if not for sale and reward
BTA - under s 5 1 P remains belonging to the person with possession or control of it
a legal owner may be found guilty of appropriating his own P (TURNER N 2)
you cannot steal property that doesnt belong to anyone
P is not abandoned if the owner has given up looking
the more valuable a P is the more unlikely it is to be stolen