Theft Flashcards

1
Q

what are the 2 types of theft

A
  • by taking
  • by conversion
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2
Q

elements for theft by taking

A
  • take property
  • owned by another
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3
Q

Elements for theft by conversion

A
  • using or dealing with property
  • owned by another
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4
Q

What is MR for both theft by taking and theft by conversion - with cases underneath

A

1) dishonestly
- defined in 217
2) without claim of right
(Brown v Police)
3) Intention to permanently deprive
[219(2)]

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5
Q

What is the structure for obtaining by deception

A

AR
- s240(1) sets out ar
- Morley - the person causing loss does not need to benefit
- There must be a causal nexus between the obtainment and the deception

Mr
- false representation
- Barnard - Passing oneseld
- Dronjak - Silence

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