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
