theft Flashcards
definition of theft (with sections)
theft is defined in (s.1) as:
dishonestly (s.2)
appropriating (s.3)
property (s.4)
belonging to another (s.5)
with the intention to permenantly deprive the other of it. (s.6)
what is the AR of theft
appropriation of property belonging to another.
what does appropriation mean?
appropriation is assuming the rights of the owner without consent.
R v morris
switching price labels = appropriation
what section and act if theft set out in?
section 1 of the theft act 1868
name me 5 types of property
1- money
2 things In action
3 personal property
4 real
5 intangible property
r v vinnal
assuming the rights of the owner
r v pitham
only the owner has the right to sell
consenting can still amount to appropriation in what 2 cases
Lawrence and Gomez
name me a case for personal property and what happened in it
r v kelly and Lindsay. a dead body was defined as personal property
name me a case for intangible property and what happened in it
Oxford v moss. knowledge from memorising the test is not considered intangible property.
what is s4 (3)
states that wild plants and animals cannot be stolen unless for commercial reward
what is section 5 - belonging to another defined as
wide definition of possession or control of property or a proprietary interest.
r v turner
guilty of stealing his own car
what was the legal precedent set in ‘rickets’
if you leave goods for someone else they belong to the original owner until the new owner takes possession of them
what happened in r v Webster
was accidentally given 2 war medals, kept one and sold the other. he was guilty of theft as the medal supplier had a proprietary interest.
what is s.5 (3)
property received under obligation.
give me a case example of section 5 subsection 3 of the theft act 1868
davidge - was given money by flat mates for gas bills but he used it for Christmas gifts = guilty for theft
what does section 5(5) of the theft act 1968 state
property received by mistake = obliged to make restoration
what happened in attorney general refrence
D was overpaid and spent the money.
what is the MR of theft
dishonestly section 2
&
intention to permanently deprive section 6
is dishonestly defined?
if not how do we know what it means?
it is not defined but developed through case law.
what 3 behaviours are not dishonest
1) believe a law in right to deprive the other of it
2) believe they would have the others consent
3) person who owns property cannot be discovered taking reasonable steps
must be a genuine belief.
what was the old test of dishonesty and why was it removed
the gosh test.
it was removed as it was very subjectiveand resulted in inconsistencies
