theft Flashcards
what are the 3 actus reus actions required for theft?
- appropriation
- property
- belonging to another
what are the 2 mens rea actions required for theft?
- dishonesty
- intention to permenantly deprive
what is the definition of appropriation?
any assumption by a person of the rights of the owner amounts to an appropriation, and this includes where he has come by the property without stealing it, any later assumption of a right to it by keeping or dealing with it as an owner.
what is the definition of property
property includes money and all other property, real or personal, including things in action and other intangible property.
what is the definition of belonging to another
propert shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest.
what is the defintion of dishonesty
- appropriates in belief that he has a right in the law to deprive the other on behalf of him/a 3rd person
- appropriates in belief that he woulf have the others consent if he knew of the appropriation/ circumstances
- appropriates in belief that the owner cannot be discovered by taking reasonable steps
what is the definition of intention to permentantly deprive
the defendant must have taken to property with the intention to permanently deprive of their property.
list 3 appropriation cases
- r v gomez
- r v hinks
- r v morris
list 3 property cases
- oxford v moss
- r v kelly
- r v welsh
6 belonging to another cases
- r v turner
- r v webster
- r v woodman
- r v hall
- davidge v bunnett
- r v gilks
3 dishonesty cases
- r v barton and booth
- r v holden
- r v small
6 intention to permentantly deprive cases
- r v warner
- r v bagshaw
- r v velumyl
- r v lavender
- r v lloyd
- r v easom
