Theft Flashcards
What is the definition of theft?
S1 of the Theft Act 1968 ‘dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it.
How does s3 define appropriation?
‘to assume the rights of the owner innocently or not’ - this can include switching labels in a shop R V Morris.
What does assuming the rights of an owner mean?
possessing, selling, destroying, Lending. R v Pitham = D offered to sell sofa for the owner who was in prison assumed he had the rights.
Can appropriation happen with consent?
Yes as in the case of Lawrence, where the taxi driver argued he was given the customers wallet but still had appropriated the money as his own.
What does s4 define property as?
money (currency), real property (land and buildings), personal property (moveable items such as jewellery r v Kelly) and other interchangeable things (data in a computer game).
What does s5 define ‘belonging to another’ as?
Wide definition ‘anyone with possession or control over it’.
What does s5(4) state?
There is a legal obligation to return property that mistakenly comes into your possession - a refusal can amount to ‘intention to permanently deprive’ R v Gilks.
Under s.2(1) when will the D be seen as acting NOT dishonest?
s.2(1)(a) - believes they have legal right to the property
s.2(1)(b) - D thought the V would have consented to the appropriate
s.2(1)(c) - cannot discover owner through reasonable steps.
What does the Ivey test consider?
- did the D know what they were doing?
-would the ordinary member of society would say it was dishonest?
What is the case that demonstrates the Ivey test?
Ivey v Genting casino - D accused claimant of stealing and would not give them the owed prize money.
What is the meaning of ‘intention to permanently deprive’?
s.6(1) treat the property as your own
s.6(2) value has been diminished - Lloyd Take tapes from the cinema home and return them
What is conditional intent?
D decided if property is worth stealing and decides not to and returns it.
What does the case of R v Easom illustrate?
D rummaged around in women’s handbag but didn’t find anything he wanted - quashed convictions only had conditional intent.
