Theft Flashcards
What section and act can theft be found in
S1 theft act 1968
What is the definition of theft
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
What is the 5 part test we look at for theft
Dishonesty, appropriation, property, permanently depriving and belonging to another
What 3 of the 5 part test in theft are actus reus
Appropriation, property and belonging to another
What 2 of the 5 part test of theft are mens rea
Dishonesty and permanently depriving
What is meant by the term appropriation in theft
Any assumption of the owners rights, this can mean D has taken their own rights too far or have treated an item as their own
What case would you use for appropriation in theft
Morris
What are some examples of what appropriation could be in theft
Take, sell, destroy, use, consume, lend, hire…
What does appropriation say about later assumption in theft
Appropriation includes later assumption of a right where a person initially comes by the property without having stolen it
What does appropriation say about consent
There can be an appropriation even where the owner consents to it if that consent is obtained by deception
What case would you use for consent in appropriation
Lawrence
What section of the theft act does appropriation fall
under S3(1)
What is the definition of property in theft
Property includes money, real property and personal property including things in action and other intangible property
What case would you use for ropery in theft
Kohn
What section does property fall under in theft
S4(1)