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law paper 1 section b > theft > Flashcards

theft Flashcards

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1
Q

what statute is theft found under

A

theft act 1968

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2
Q

what section states the deffnition of theft

A

s1

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3
Q

what is the deffnition of theft

A

the appropriation of property belonging to another dishonestly with the intention to perminatly deprive

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4
Q

what type of offence is theft

A

triable-either-way

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5
Q

what is the actus reus of theft

A

apropriation
property
belonging to another

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6
Q

what is the mens rea of theft

A

dishonsetly
with the intention to permnatly deprive

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7
Q

what section states apropriation

A

s3

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8
Q

what is the defnition of apropriation

A

taking, using or asuming any of the owners rights that do not belong to you

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9
Q

give cases for apropriation

A

R v Pitham and Hehl
R v Morris

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10
Q

what is said about concent and apropriation

A

apropriation can happen even with concent

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11
Q

give cases for concent and apropriation

A

Lawrence v MPC
R v Gomez

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12
Q

what is said about gifts and apropriation

A

gifts can lead to apropriation

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13
Q

give a case for gifts and apropriation

A

R v Hinks

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14
Q

how many times can apropriation happen

A

once
only once theft

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15
Q

give a case for paropriation only happens once

A

Atahpu and Abrahams

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16
Q

what is Bona fide purchaser in good faith

A

someone who purchaces stolen property in good faith and are not guilty of theft

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17
Q

what section says about property

A

S4

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18
Q

what does the statute state property is

A

‘money and all other property, real or personal including things in action and other intangable property’

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19
Q

what are the diffrent types of property

A

money-cash
real property-land
personal property-movable
things in action-enforcable rights
intangable-no physical presents

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20
Q

in what circumstances can real property be stolen

A

a trustee takes them in breach of their duty
someone severs part of the land
a tennet takes a fixture

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21
Q

what are some examples of personal property

A

hair R v Herbert

22
Q

when are bodys property + case

A

when they are given eg to a hospital
R v Kelly and lindsey

23
Q

what things cannot be stolen

A

wild growing stuff
wild creatures
confidential information
foragables

24
Q

when are foragables stolen

A

if they are for reward
sale
or commercial perpouse

25
Q

give a case for confidential information

A

Oxford v Moss

26
Q

what section covers belonging to another

A

S5

27
Q

what is the deffnition of belonging to another

A

‘property shall be regarded as belonging to any person having possesion or controll of or having proprity intrest’

28
Q

what is the person to a property

A

owner
possesion controll

29
Q

give a case for proprity intrest

A

R v Turner

30
Q

who does the property bleong to if the owner loses it

A

the owner

31
Q

give a case for the property still belonging to the owner

A

R v Basildon magistrates court

32
Q

can a d be guilty of stealing even if they own it if another has a propritary interest (case)

A

yes
R v Webster

33
Q

how must the defendant deal with the property if they recieve it under obligation

A

in the particular way they are told or keep it themselves

34
Q

give a case of property recieved under obligation

A

Davidge V Bennett

35
Q

what must the defendant do if they recieve property by mistake

A

return it under legal obligation

36
Q

give a case for property reciieved by mistake

A

Attorny Genrals refrence

37
Q

what section covers dishonesty

A

S2

38
Q

why is dishonesty important

A

the ar can cover many transactions but dishonesty makes it the theft

39
Q

what section covers the 3 examples of what is not dishonest

A

S2(1)

40
Q

what are the 3 examples of what is not dishonest

A

-d is legaly entitled to take the property
-the owner would agree to d taking the property if they knew
-the owner could not be found after taking reasonable steps

41
Q

what kind of test is the 3 examples given of what is not dishonest

A

subjective as the belief need not be reasonable

42
Q

give 2 case examples of the 3 examples given which are not dishonesty

A

R v Holden - 1st exeption
R v Robinson- 1st exeption
R v Small - 1st and 3rd exeption

43
Q

from what cases does the test for dishonesty come from

A

created in Ivey v genting casinos
confirmed in R v Burton + Booth

44
Q

what are the 2 parts of the Ivey test

A

what was D actual state of knowledge or belief as to the facts?
was D conduct dishonest by the standards of ordinary decent people?

45
Q

If D genuinely believes that any of the exeptions set our apply will they be dishonest

A

no

46
Q

whta section covers the intention to perminatly deprive

A

S6

47
Q

what are the 2 examples the statute gives of what would be conciderd IPD

A

-d intends to treat the property of their own to dispose of without the rights of the owner
-where borrowing or lending is equivalent to an outright take or disposal

48
Q

give 2 case examples of where the d treats the property as his own

A

DPP v Lavender
R v Marshall, Combes + Eren

49
Q

give a case example of the d borrowing the property

A

R v Lloyd, Bhuee and Ali

50
Q

give a case showing conditional IPD

A

R v Easam

51
Q

give an example of conditional IPD

A

looking through a handbag to see if there is anything to steal, not stealing anyting and returing the handbag

law paper 1 section b (22 decks)

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