Theft Flashcards
What is theft and where is it outlined?
Theft Act 1969 S.1: Dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it.
What is the actus reus of theft?
S.3 Appropriation
S.4 Property
S.5 Belonging to another
What is the mens rea of theft?
S.2 Dishonesty
S.6 Intention to permanently deprive
What is appropriation defined as?
Any assumption of the owners rights
What was the legal principle of Lawerence (1972)?
Appropriation can occur with the owners consent.
What is the legal principle of Hinks (2001)?
A person can appropriate even when they are given property as a gift.
What is property defined as?
Money and all other property, real or personal, tangible or intangible.
What is the legal principle of Oxford v Moss (1978)?
Confidential information cannot be stolen.
What things cannot be stolen under the Theft Act?
S.4(3) Plants/fungi
S.4(4) Wild creatures
S.13 Electricity
What is belonging to another defined as?
Possession/control as well as proprietary interest.
What was the legal principle of R v Turner (1971)?
D was guilty of taking his own car back from the garage as they had possession of it.
What was the legal principle of R v Woodman (1974)?
D can be liable for theft even if the other person is not aware of the property.
What does S.5(3) state?
Property that is received under an obligation
What was the legal principle of Davidge v Bennet (1984)?
D is guilty as he had an obligation to use the money in a certain way.
