Theft Flashcards
RULING FROM STEALING YOUR OWN PROPERTY
if someone else has the right or interest in your property you can still steal it
Ruling from lost property
The original owner still has a right or interest in the property
Abandoned property ruling
The owner must have the intention to abandon the property
Money for particular reason
You must use the money for the intended purpose (davidge v Bennett)
Receiving money by mistake
You are under an obligation to return the money (Ag v ref
Ruling from dishonesty test
Was the D dishonest by the standard of an honest and reasonable person (ivey and booth)
Intention to permenantly deprive
The D intends to continue to treat the property as if it’s there own regardless of the owners right
Replace property ruling
Even if you intend to replace the stolen property you cannot replace it with the exact same coins and notes still have the intention to permenantly deprive
Borrow property
If you give the property back but you have taken the goodness virtue and value of it u still have the intention to permenantly deprive
Conditional intent
If you only intend to steal if there is something worth stealing this is not an intention to permenantly deprive (easom)