theft Flashcards
what section is theft under and define it
section 1 of the theft act 1986 as the dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it
what is the actus reus of theft
the dishonest appropriation of property belonging to another
what section is property defined as
section 4(1) it can be tangible and intangible
what does not constitute property and section/cases
s.4(3) mushrooms flowers, foliage and fruit that have been picked from the wild for sale, under s.4(4) in wild creatures unless in captivity confidential information oxford v moss and bodies/body parts unless used exhibition/teaching purposes kelly and lindsay
what section defines belonging to another
s.5(1) belonging to another means the victim has possession or control over it
what is the mens rea of theft and what section and cases is it defined in
under s.2 d must be dishonest . the 2 stage test established in ivey v genting casinos is used. firstly what was the actual knowledge or belief of D as the facts, and secondly in that context the jury must decide whether D’s behaviour would be regarded as dishonest by the reasonable ordinary decent person
when will a persons appropriation not be dishonest
under s2(1)(a) if there was a honest belief that he has a legal right to it
or under s2(1)(b) there was honest belief that the owner would consent
or s.2(1)(c) there was an honest belief that the owner cannot be found by taking reasonable steps the honest belief does not have be reasonable just honest
what does 2.(2)
d may be considered dishonest even if he is willing to pay for the property at a later date
what does s.6(1) state about idp and what case is it defined
d must have and intention to permanently deprive which means intention to dispose of or treat as your own dpp v lavender
