theft

Question 1

what’s the first requirement ?

Answer 1

-must be proven the defendant appropriated
-s3(1) ‘assumption of rights of an owner’
-take, use, destroy and hold

Question 2

what’s the second requirement?

Answer 2

-must be an appropriation of property
-s4(1) defines property as ‘money and all other property real or personal and other intangible property.’

Question 3

what’s the third requirement ?

Answer 3

-property belonging to another
-‘property shall be regarded as belonging to any person having possession or control.
-if the property is lost its theft, if abandoned then not (hibbert v mckiernan)

Question 4

Men’s rea of theft?

Answer 4

-dishonesty and intent to permanently deprive

Question 5

permantely deprive ?

Answer 5

• borrowing is allowed, if property is returned with equal goodness, virtue (r v Lloyd)