Theft

Question 1

Definition

Answer 1

Theft Act 1968 - the dishonest appropriation of property belonging to another with the intention to permanently deprive

Question 2

Actus reus stage 1

Answer 2

Stage 1 - appropriation
Assuming the rights of an owner
Morris any assumption is enough
Gomez appropriation must be dishonest

Question 3

Stage 2

Answer 3

Property must be stolen
Under section 4 theft act 1968 - four types of property can be stolen
- money
- personal
- intangible
- real property

Question 4

Stage 3 - property belongs to another how

Answer 4

Section 5(1) property belongs to another if they have possession or control over it or a right or interest in it

Question 5

Men’s Rea

Answer 5

Stage 4 - dishonesty no definition just three negatives

Question 6

Three negatives

Answer 6

S.2 (1)(A) D beloved they have a right in law to the property
S.2(1)(B) D beloved the owner would have consented to the taking
S.2 (1)(C) D beloved the owner cannot be discovered by taking reasonable steps

Question 7

Stage 5 - intention to permanently deprive

Answer 7

Section 6(1) the D intends to continue to treat the property as if it is their own regardless of the owners rights