Theft

Question 1

definition

Answer 1

section 1 of the theft act states it is the dishonest appropriation of property belonging to another with intention to permanently deprive

Question 2

appropriation

Answer 2

Section 3 (1) - assuming the rights of the owner over a piece of property (Pitham v Heil)
can still happen if the owner consents (Lawrence)

Question 3

property

Answer 3

section 4 describes what can and cannot be stolen - money in action, real objects can but wild animals wild plats and electricity cant

Question 4

belonging to another

Answer 4

section 5 (1) (Turner No2) - owner is anyone with sufficent control or a legal right or propriatary interest in it.
overpayments belong to the victim (Wain)

Question 5

dishonesty

Answer 5

(Ivey v Genting Casinos) Gosh test
1) what does the defendant believe about their actions
2) what would a reasonable and honest person believe about the actions

Question 6

intention to permanently deprive

Answer 6

section 6 - treating it as your own to use and dispose of however you feel as an owner would (Lavander)(Eason)