Theft Flashcards
what year was the Theft act
1968
What section numbers are relevant + what for
S.1 - definition
S.2 dishonesty
S.3 Appropriation
S.4 property
S.5 belonging to another
S.6 Intention to permanently deprive
The definition of Theft by the Theft act
S.1 Dishonest appropriation of property belonging to another with intention to permanently deprive
S.3 of the theft act define appropriation as
Any assumption of the rights of the owner
case for appropriation
Morris - don’t need to assume all the rights
Can appropriation still occur with consent + case
Yes - Lawrence
What does S.4 define property as
Money + all other property real or personal, including things in action and other intangible property
What cannot be property + exceptions to these
Wild plants - unless for sale
Wild animals - unless captive
information - unless personal
Case stating information isn’t property
Oxford + Moss
S.5 define belonging to another as
“belonging to any person as having possession or control of it, or having in it any propriety right or interest”
Case for possession + control
Turner
Subsections under S.5
S.5(3) - property under obligation
S.5(4) - mistake
S.5(3)
If received with specific obligation then it is the owners property until obligation fulfilled
case for S.5(3)
Davidge v Bunnett
S.5(4) + cases
if obtain property by mistake no obligation to return unless:
1.change from sale - Gilks
2. extra money from wage - AG ref 1 ‘85
ownerless property definition + case
Owner is indifferent as to future appropriation of the goods
R v Basildon Magistrates
S.2
Dishonesty - only things that are not dishonest
- Believes has legal right
- Believes owner would let them
- true owner can’t be found through reasonable steps
Dishonesty test + case
- Ds state of knowledge as to the facts
- Ds conduct dishonest by the standards of the ordinary decent person
Ivey v Genting Casinos
Case that confirmed Ivey tests
Barton & Booth (2020)
S.6
ITPD - must be at same time as appropriation
Money under ITPD + case
deprived of exact notes + coins so always theft - Velumyl
Borrowed property under ITPD
theft is it has “wholly diminished in value” - Lloyd
Does conditional intent apply in theft?
No - Easom
Ivey v Genting Casinos
dishonest if RM would regard Ds actions as Dishonest
+ dishonesty tests
