theft Flashcards

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1
Q

what is the theft act of 1968 defined as

A

dishonestly appropriating property,belonging to another,with intent to permanently deprive
all elements must be present

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2
Q

what must there be in regards to the actus reus for theft?

A

appropriation

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3
Q

What section is appropriation contained in?

A

section 3 theft act 1968

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4
Q

appropriation definition

A

Appropriation is defined as any assumption of the rights of the owner

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5
Q

d doesn’t have to assume all the rights case

A

Morris

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6
Q

appropriation is needed for theft,but

A

Not all appropriation is theft

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7
Q

gomez

A

all other elements must be present

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8
Q

Appropriation must have a beginning and end, who decides this

A

the jury

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9
Q

Continuing act

A

Atakpu

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10
Q

The defendant can still be guilty when the owner gives consent to appropriation case

A

Lawrence;Gomez

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11
Q

gift

A

Hinks

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12
Q

Pit ham and Hehl

A

There’s no need for the defendant to have physical contact with the property

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13
Q

Where is property defined ?

A

section 4 theft act 1968

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14
Q

what is property defined as

A

Money and all other property, whether real or personal, including things in action and other intangible property

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15
Q

Money and all other property,whether real or personal, including things in action and other intangible property
case

A

kelly and Lindsay

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16
Q

wild animals and plants can’t be stolen unless they are what

A

Reduced into possession

17
Q

Real property is defined as

A

Land and things attach to land

18
Q

Belonging to another is defined in

A

s.5(1) Theft act 1968

19
Q

belonging to another is defined as

A

Belonging to any person, having possession, or control of it, or having it in any proprietary interest

20
Q

even if owned by the defendant can be belonging to another, if they have legal interest in it case

A

Turner No.2

21
Q

Webster

A

Propriety interest occurs when the D owns and has control, but can still steal it if another has proprietary interest

22
Q

Hall

A

property received under obligation remains remains property of the original owner

23
Q

If receive property by mistake, the defendant is under obligation to make restoration. What is the case for this?

A

AGs ref No1

24
Q

What happens when the property is lost?

A

If property is lost it is still considered theft until the original owner stop looking for it and it becomes abandoned

25
Q

regarding MR,dishonesty is not defined in the theft act so what is used instead?

A

s2(1)(a)-(c) gives situations where D is not dishonest if honestly held

26
Q

s(1)(a)

A

D believes he has the right to deprive

27
Q

s(1)(b)

A

consent

28
Q

s(1)(c)

A

Person who owns the property can’t be found with reasonable steps

29
Q

small/holden

A

Doesn’t matter if unreasonable, as long as it is genuine

30
Q

Ivey Test case

A

ivey v gentings casino

31
Q

ivey test definition

A

D’s conduct must be dishonest, according to the ordinary standards of the reasonable person. This is an objective test.

32
Q

velumyl

A

The defender intends to deprive the person of their property

33
Q

 Conditional intent is not sufficient case

A

Easom

34
Q

What must the defendant do to have intent to permanently deprive?

A

treat the thing as his own to dispose of regardless of the others rights

35
Q

Borrowing may amount to

A

outright taking after a period of time

36
Q

what does dispose of mean according to Lavender?

A

To get rid of dump, or sell, includes dealing with

37
Q

Lloyd

A

Borrowing becomes out right taking when the goodness value and virtue has gone out the article