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)
What does S4(3) say about property in theft
Wild plants are not property unless taken for reward or sale
What case would we use for stating that confidential information isn’t theft
Oxford v Moss
What is the definition of belonging to another in theft
Means possession, control, or proprietary interest lays with that person
What case would you use for belonging to another in theft
Turner
What section of the theft act does belonging to another fall into
S5(1)
What does belonging to another say regarding another person having property given to them by another for a particular use
Where a person receives property from another and is under an obligation to retain and deal with that property or its
proceeds in a particular way, the property/proceeds belongs to another
What is the section for someone else being in control of an item you have as they have given it you for a particular use
S5(3)
What case would you use for someone else being in control of an item you have as they have given it you for a particular use
Wain
What does belonging to another state about receiving something by mistake
Property received by mistake belongs to
another where D has an obligation to make restoration
What section does receiving something by mistake fall under in theft
S5(4)
Wat case would you use for receiving something by mistake in theft
AGs ref 1
What section of theft does dishonesty fall under
S2(1)
What does the theft act state about a D not being dishonest
The D is not dishonest if he believes he has a legal right to appropriate the property, the owner would consent or the real owner could not be discovered if reasonable steps were taken
What case would you use for dishonesty
Holden
What case set out the test for dishonesty of theft if the Ds actions were not believed to be dishonest
Barton and booth
What test is used to decide if someone is dishonest under theft
What was the Ds actual state of knowledge or belief as to the facts and was his conduct dishonest by the standard of an ordinary person
What section does intention to permanently deprive fall under
S6(1)
What is the definition of intention to permanently deprive in theft
Intention to treat the property as his own or to dispose of regardless of the owners rights
What case would you use for intention to permanently deprive in theft
Velumyl
What does S6(1) also state about intention to permanently deprive in theft
borrowing/lending property for a period in some circumstances can also be
equivalent to outright taking or disposal
What case would you use that says borrowing/ lending property for a period of time is the equivalent to taking or disposal
Lloyd
What happens if you loose value of an item even if you return it in theft
It will still be classed as theft
What case would you use that states loosing value of a property is the same as theft
DPP v J and others
