theft Flashcards
what statute is theft found under
theft act 1968
what section states the deffnition of theft
s1
what is the deffnition of theft
the appropriation of property belonging to another dishonestly with the intention to perminatly deprive
what type of offence is theft
triable-either-way
what is the actus reus of theft
apropriation
property
belonging to another
what is the mens rea of theft
dishonsetly
with the intention to permnatly deprive
what section states apropriation
s3
what is the defnition of apropriation
taking, using or asuming any of the owners rights that do not belong to you
give cases for apropriation
R v Pitham and Hehl
R v Morris
what is said about concent and apropriation
apropriation can happen even with concent
give cases for concent and apropriation
Lawrence v MPC
R v Gomez
what is said about gifts and apropriation
gifts can lead to apropriation
give a case for gifts and apropriation
R v Hinks
how many times can apropriation happen
once
only once theft
give a case for paropriation only happens once
Atahpu and Abrahams
what is Bona fide purchaser in good faith
someone who purchaces stolen property in good faith and are not guilty of theft
what section says about property
S4
what does the statute state property is
‘money and all other property, real or personal including things in action and other intangable property’
what are the diffrent types of property
money-cash
real property-land
personal property-movable
things in action-enforcable rights
intangable-no physical presents
in what circumstances can real property be stolen
a trustee takes them in breach of their duty
someone severs part of the land
a tennet takes a fixture
what are some examples of personal property
hair R v Herbert
when are bodys property + case
when they are given eg to a hospital
R v Kelly and lindsey
what things cannot be stolen
wild growing stuff
wild creatures
confidential information
foragables
when are foragables stolen
if they are for reward
sale
or commercial perpouse
give a case for confidential information
Oxford v Moss
what section covers belonging to another
S5
what is the deffnition of belonging to another
‘property shall be regarded as belonging to any person having possesion or controll of or having proprity intrest’
what is the person to a property
owner
possesion controll
give a case for proprity intrest
R v Turner
who does the property bleong to if the owner loses it
the owner
give a case for the property still belonging to the owner
R v Basildon magistrates court
can a d be guilty of stealing even if they own it if another has a propritary interest (case)
yes
R v Webster
how must the defendant deal with the property if they recieve it under obligation
in the particular way they are told or keep it themselves
give a case of property recieved under obligation
Davidge V Bennett
what must the defendant do if they recieve property by mistake
return it under legal obligation
give a case for property reciieved by mistake
Attorny Genrals refrence
what section covers dishonesty
S2
why is dishonesty important
the ar can cover many transactions but dishonesty makes it the theft
what section covers the 3 examples of what is not dishonest
S2(1)
what are the 3 examples of what is not dishonest
-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
what kind of test is the 3 examples given of what is not dishonest
subjective as the belief need not be reasonable
give 2 case examples of the 3 examples given which are not dishonesty
R v Holden - 1st exeption
R v Robinson- 1st exeption
R v Small - 1st and 3rd exeption
from what cases does the test for dishonesty come from
created in Ivey v genting casinos
confirmed in R v Burton + Booth
what are the 2 parts of the Ivey test
what was D actual state of knowledge or belief as to the facts?
was D conduct dishonest by the standards of ordinary decent people?
If D genuinely believes that any of the exeptions set our apply will they be dishonest
no
whta section covers the intention to perminatly deprive
S6
what are the 2 examples the statute gives of what would be conciderd IPD
-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
give 2 case examples of where the d treats the property as his own
DPP v Lavender
R v Marshall, Combes + Eren
give a case example of the d borrowing the property
R v Lloyd, Bhuee and Ali
give a case showing conditional IPD
R v Easam
give an example of conditional IPD
looking through a handbag to see if there is anything to steal, not stealing anyting and returing the handbag
