theft Flashcards
what is the theft act of 1968 defined as
dishonestly appropriating property,belonging to another,with intent to permanently deprive
all elements must be present
what must there be in regards to the actus reus for theft?
appropriation
What section is appropriation contained in?
section 3 theft act 1968
appropriation definition
Appropriation is defined as any assumption of the rights of the owner
d doesn’t have to assume all the rights case
Morris
appropriation is needed for theft,but
Not all appropriation is theft
gomez
all other elements must be present
Appropriation must have a beginning and end, who decides this
the jury
Continuing act
Atakpu
The defendant can still be guilty when the owner gives consent to appropriation case
Lawrence;Gomez
gift
Hinks
Pit ham and Hehl
There’s no need for the defendant to have physical contact with the property
Where is property defined ?
section 4 theft act 1968
what is property defined as
Money and all other property, whether real or personal, including things in action and other intangible property
Money and all other property,whether real or personal, including things in action and other intangible property
case
kelly and Lindsay
wild animals and plants can’t be stolen unless they are what
Reduced into possession
Real property is defined as
Land and things attach to land
Belonging to another is defined in
s.5(1) Theft act 1968
belonging to another is defined as
Belonging to any person, having possession, or control of it, or having it in any proprietary interest
even if owned by the defendant can be belonging to another, if they have legal interest in it case
Turner No.2
Webster
Propriety interest occurs when the D owns and has control, but can still steal it if another has proprietary interest
Hall
property received under obligation remains remains property of the original owner
If receive property by mistake, the defendant is under obligation to make restoration. What is the case for this?
AGs ref No1
What happens when the property is lost?
If property is lost it is still considered theft until the original owner stop looking for it and it becomes abandoned
regarding MR,dishonesty is not defined in the theft act so what is used instead?
s2(1)(a)-(c) gives situations where D is not dishonest if honestly held
s(1)(a)
D believes he has the right to deprive
s(1)(b)
consent
s(1)(c)
Person who owns the property can’t be found with reasonable steps
small/holden
Doesn’t matter if unreasonable, as long as it is genuine
Ivey Test case
ivey v gentings casino
ivey test definition
D’s conduct must be dishonest, according to the ordinary standards of the reasonable person. This is an objective test.
velumyl
The defender intends to deprive the person of their property
 Conditional intent is not sufficient case
Easom
What must the defendant do to have intent to permanently deprive?
treat the thing as his own to dispose of regardless of the others rights
Borrowing may amount to
outright taking after a period of time
what does dispose of mean according to Lavender?
To get rid of dump, or sell, includes dealing with
Lloyd
Borrowing becomes out right taking when the goodness value and virtue has gone out the article
