Theft Flashcards
What section is Theft?
Under S1 Theft Act 1968
What is the definition of Theft?
-A person is guilty of theft “ If he dishonesty appropriates property belonging to another with the intention to permanently deprive others of it”
What is the Actus Reus of Theft?
Appropriation (S3),Property (S4),Belonging to another (S5)
What is the Mens Rea of Theft?
Dishonestly (S2), Intention to permanently deprive (S6)
What is Appropriation?
Taking away the owner rights e.g selling
What Case for Appropriation?
- Morris-Swap labels in supermarket and put them in basket
- Lawerence-Lack of consent is Not a requirement of appropriation
What is Property ?
Can be physical, intangible ,money
What Case for Property?
Oxford v Moss
What is Belonging to another?
Property shall be regarded as belonging to any person having possession or control of it or having interest
What Case for Belonging to another?
Turner-Possible to steal own property if it’s under someone else possession or control or someone else has legal interest
David v Bunnett-girl a obligation to pay bills and she bought something else which is theft
What is Dishonestly?
-genuinely believing it’s your right
-Have consented to appropriate
-Taking reasonable steps to find owner
What case for Dishonestly?
Gosh (1982)-Developed two test
Small (1987)-“whether a belief is honesty held not wether it is reasonable”-Subjective
Ivey v Genting casinos -Challenged GOSH Test
What did the Ivey v Genting casinos made 2 test?
1)Does society view this as dishonest
2)Was D aware his conduct would be regarded as dishonest by standards of reasonable and honest people?
What is Intention to Permanently deprive?
D attempts to get rid of owner right by not treating property as his own
What case for Intention to Permanently deprive?
Lavender (1994)-D removed door from council and installed it in his girlfriends flat
