Theft Flashcards
Where is theft contained
S1 theft act 1967
What are the 3 AR elements of theft
- Appropriation
- Property
- Belonging to another
What are the 2 MR elements of theft
- Dishonestly
- Intention to permanently deprive
What section is appropriation contained in
S3 theft act
What is appropriation and what are the different rights that can be assumed
Assumption of the rights of the owner:
- possesion
- right to use
- alter
- sell
- exchange
- offer for sale
What does the case of morris say about appropriation
Only 1 right needs to be assumed
What case says that the property doesn’t need to leave the possession of the owner in order to be assumed
Corcoran v Anderton
What does the case of Gomez say
Consent obtained by deception can still amount to an appropriation
What case say that genuine consent doesn’t prevent an appropriation
Hinks
When does an appropriation take place
When they decide to keep the property or deal with it in a way that they weren’t meant to
Where is the element of property contained
S4 theft act
What are the 5 different categories of property
- Money
- real property
- personal property (moveable)
- things in action (no physical presence)
- other intangible things (copy right)
What does the case of oxford and moss say
Knowledge doesn’t amount to property
What case speaks about corpse/body parts as property and what is said
Kelly and Lindsay- corpse/body parts don’t normally amounts to property unless acquire different attributes by virtue/skill
What are some examples of things that aren’t considered to be property
- wild flowers/mushrooms
- wild animals
- electricity
- corpse/body parts
Where is the element of belonging to another contained
S5 theft act
When does property belong to another
When they have:
- possesion
- control
- proprietary rights/interest
Does the person the property belongs to have to be the lawful owner
No
What does the case of turner say
Property can belong to more than 1 person
What case talks about abandoned property and what was said
Rickets v Basildon- only property that is completely abandoned can be regarded as not belonging to another
What does the case of Davidge v Bennett say
Property belongs to another until the D had dealt with it in a correct way according to obligations
What case says that obligations must be to deal with property in a specific way
Hall
What case speaks about receiving the property by mistake and what was said
A-G reference- if received my mistake its still regarded as belonging to another, the act becomes theft when they decide to keep it
Where is the MR element of dishonesty contained
S2 theft act
Whats the key case used for dishonestly and what was said
R v Feeley- dishonesty is a matter for the jury to decide
What are the 3 situations where the D wont be regarded as dishonest
S2(1) a- believes he has right to deprive other of property
S2(1) b- belives he has the other consent
S2(1) c- believes person who property belongs to cant be discovered by reasonable steps
If none of the situations where the D is not dishonest apply, what do you do
Apply the Ivey test- use the standards of ordinary decent people
What does s2(2) say about dishonesty
If the d offers to repay after taking property, they are still regarded as being dishonest
What does s1(2) say about dishonesty
The motive of the D is irrelevant
Where is the element of intention to permanently deprive contained
S6 theft act
What does the case of lavender describe intention to permanently deprive as
Intent to deal with property as own
What does the case of Raphael say
Taking property and offering to sell back is regarded intention to permanently deprive
What case says that intending to replace property with the same amount is intention to permanently deprive
Velumyl
What does the case of DPP v J say
If return in damaged state, that is regarded as intention to permanently deprive
What case say what borrow and lend means
Lloyd- keeping property until goodness/virtue is gone
What does the case of Easom say
intent to take property if upon closer inspection it is worth stealing, not regarded as an intention to permanently deprive.
