Theft

Question 1

Belonging To Another

( Case )

Answer 1

“Possession or control” ( Doesn’t have to be lawful )

( R v Turner )

Question 2

Actus Reus of Theft

Answer 2

(3) Appropriates

(4) Property

(5) Belonging to another

Question 3

(2) Dishonesty Theft

Answer 3

The defendant will not be dishonest if:

A) The defendant believes he has the right to deprive the other person of the property.
B) The defendant believes they would have the other persons consent if they knew the circumstances.
C) The defendant appropriates property in the belief that the person to whom the property belongs to cannot be discovered by taking reasonable steps

Question 4

New Test for Dishonesty

Answer 4

( Ivey v Genting )

1. Was the defendants actual state of knowledge as to the facts?
2. Was his conduct dishonest by the standards of ordinary decent people?

Question 5

(3) Appropriation

Answer 5

The thief must do something which assumes the owners rights.

( R v Morris )

Question 6

Ownerless Property

Answer 6

The owner is indifferent to any future appropriation.

Question 7

Mens Rea of Theft

Answer 7

(2) Dishonesty

(6) Intention to permanently deprive

Question 8

(4) Property

( case )

Answer 8

Includes money and other property, real, or personal, including things in action and other intangible property.

( Kelly + Lindsay )

Question 9

(6) Intention to Permanently Deprive

( case )

Answer 9

Defendant tries to permanently deprive the victim of their property.

( DPP v Lavender )