theft Flashcards
theft
definition found under the theft act 1968 section 1
definition under subsection q
a person is guilty of theft if they dishonestly appropriates property belonging to another with intention to permanently deprive the other of it
5 elements
appropriate, property, belonging to another, dishonestly, intention to permanently deprive
criteria 1- appropiation
sc3-
this is defined as the assumption by a person of the rights of an owner
this icnludes where he has come by the property without stealing it and later assumed the rights of the owner
R v Morris- swapping labels
consent does not matter as long as they are dishnest- Lawrence v metropolicatn police (taxi driver)
consent by deception is also an appropriation- DPP v Gomez
Hinks- gifts from someone mentally hadicapped is appropriation
criteria 2- property
sc4-
property includes money and all oth property, including real or personal
oxford v moss- information is not property
kelly v lindsay- human body parts property is preserved for scientific examination
welsh- bodily products are property
criteria 3- belonging to another
sc5-
belonging to another is defined as having possession or control of it, or having any proprietary right or interest in it- turner
where a person recieved property from another and is under an obligation to deal with it in a paricular way- the property shall be regarded as belonging to the other- Hall
where a person recieves money by mistake- they are under an obligation to make restoration, an intwntion to not make restoration shall be regarded as a theft- AG No1 1983
wild mushrooms/wild flowers, fruits or foliage- not belonging to another unless he picks them for reward/sale or other commercial purposes
wild creatures (tamed or untamed)- are property but cannot be stolen unless it is possession of someone
criteria 4- dishonestly
a persn who appropriates property belonging to another is not regarded as dishonest if-
a. he believed he has a right in law to deprive the other of it (does not have to be reasonable)- robinson
b. he believed he had the consent of the owner if they knew of the appropriation
c. he appropriates the property with the belief that the owner cannot be discovered by taking reasonable steps
may be dishonest even if he is willing to pay for the property
if does not fall under one of these must apply a 2 part test from ivey v genting-
a. whether the ds conduct in the circumstances as he believed them to be, was dishonest by the standards of ordinary decent peoples
supported in barton
criteria 5- intention to permanently deprive
sc6-
defined as the intention to treat thing as his own to dispose of regardless of the others rights- lavender
ransoming property is a theft- raphael
selling property on is a theft- marshall
retunring the property damaged if a theft- DPP v SJ
borrowing money is a theft as you are not returning exact notes and coins- velumyl
