Theft

Question 1

How is theft defined?

Answer 1

Under s1 of the theft act, theft is defined as dishonest appropriation of property belonging to another with the intention permanently deprive the other of it.

Question 2

What is appropriation?

Answer 2

Under s3 appropriation Is assuming the rights of the owner ( R V Morris)
There can also be appropriation where D acquires property without stealing it but later decides to keep to

Question 3

What is property?

Answer 3

Under s4 property can be money, personal property, real property, things in action and other intangible things (Oxford V moss)
Confidential information will not be considered as property

Question 4

What is belonging to another?

Answer 4

The victim must have possession over the property ( R V Turner no2)

Question 5

What are the dishonesty exceptions?

Answer 5

s2 1a) D thinks they have a legal right to the property
1b) D thinks they would have the owners consent to appropriate
1c) D cannot find the owner through reasonable steps

Question 6

What is the Ivey test?

Answer 6

Was what was done dishonest according to the reasonable and honest person?
Did the defendant realise what they had done was dishonest?

Ivey V Genting casino

Question 7

What is intention to permanently deprive?

Answer 7

D had intention to permanently deprive if they treat the property as their own to dispose of
Lavender V DPP