Theft Flashcards
Act
Theft act 1968
Whole actus Reus
section
S1.1
Dishonest appropriation of property belonging to another with intention to permanently deprive
Actus Reus elements
3 appropriation
4 property
5 belonging to another
Men’s Rea sections
2 dishonest
6 permanently deprive
Type of offence
Triable either way
Specific intent
Is theft a result crime
Yes Coccoran V anderton
Theft must be completed to be guilty or else attempted theft
Appropriation sections case
S3
R V morris - assuming rights of owner
R V vindall - happens at time of taking
Appropriation via deception
R V Gomez - can appraise if d consent if consent is achieved via deception
R V hinks - gift can be appropriated if person gifting has been dishonest
Property
S 4
Money, property, things in action
What is thing in action - section 4
R V Kohn- thing in action is right that can be legally enforced
Can confidential documents be stolen
Oxford v moss
Cannot steal confidential information
Are wild plants property
4.3
Wild plants can be stolen if taken for reward or sale
Belonging to another section
5
Property section
4
Appriation section
3
Belong to another
S5
In possession or control of another
R V turner
Section 5.3
Money given should be spent on intended purpose
Case and section for money given should be spent on intended purpose
S5.3
R V wain
5.4
Property received by mistake should take reasonable steps to return
Dishonest section
2
Intention to permanently deprive
6
Dishonest case
R booth
Replaces R V ghosh
What is dishonest
Dishonest by ordinary standards of reasonable and honest people
Did does NOT need to realise that other regard his conduct as dishonest
Abandoned property
2.1
Section 2.1
Abandoned property
If d beloved he had a legal right then not guilty. - R V small
Section 6
R V lloyd
Treats it as his own regardless of the owners rights
Intention to permanently deprive
