theft Flashcards
what is theft defined as in section 1 of the theft act
a person is guilty of theft is he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
what is section two of the theft act
dishonesty
what is section three of the theft act
appropriation
what is section four of the theft act
property
what is section 5 of the theft act
belonging to another
what is section 6 of the theft act
intention to permanently deprive
what is acts of theft
all elements of appropriation, property, belonging to another
what is the definition of appropriation
taking, using or assuming any of the owners rights of something that does not belong to you, it covers situations where the defendant has came across the property innocently
what cases does appropriation link to
r v Morris
r v Gomez
what happens in the case r v morris relating to appropriation
d switched the price labels on goods to pay a lower price, took good to checkout and was arrested, convicted of theft, does not have to be an assumption
what happens in the case r v Gomez relating to appropriation
d assistant manager in shop, asked to supply goods to value of $17,000 in exchange for two cheques, d convicted of theft on appeal the House of Lords, appreciation had taken place eventhough manager consented
what is the meaning of property
includes money and all other property, real or personal including things in action and intangible property
what is the case for property
Attorney general’s reference 1985
what happens in the case attorney generals reference relating to property
d had her salary paid into a bank account, employer overpaid them, she was charged with theft, in this there is no obligation to make restoration, if there is a dishonest intention, the case would be theft
what is the definition of belonging to another
property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary tight or interest
what is the case for belonging to another
r v turner 1971
what happens in the case r v turner 1971 relating to belonging to another
defendant left his car to be fixed he used his spare keys to take his care without paying, he got convicted of theft
what is the mens rea of theft
is the intention to permanently deprive forms part of the mens era of theft along with dishonesty
what is the maximum sentence for theft
7 years
what is the definition of dishonesty
the law states that their isn’t a definition of dishonesty but their is examples of things that would to be dishonest
what are the examples of things that would be dishonest
defendant believed they had a right to deprive the other of the property
defendant believed the other would have consented if they knew of the appropriation and the circumstances
person whom the property belongs cannot be traced by taking reasonable steps
what case can dishonesty be shown in
R v Ghosh1982
what happened in the case R v Ghosh relating to dishonesty
appellant was a surgeon who claimed money in respect of operations which he had not carried out, he argued, jury convicted him of theft
what was the test for dishonesty
the ghosh test
what is the ghosh test
1- would the defendants behaviour be regarded as dishonest by standard of reasonable and ordinary person?
if no they D is not guilty
if yes then the next question is-
2- was the D aware that his conduct would be regarded as dishonest by reasonable and ordinary people?
what is the definition of intention to permanently deprive
the defendant intend to treat the. property as their own to dispose of without regard rights of owner
borrowing or lending is equivalent to an outright taking or disposal
what cases link yo intention to permanently deprive
R v lavender 1994
R v Marshall 1999
what happens in the case r v lavender relating to intention to permanently deprive
D took door off council property and put it on own property convicted of theft
what happens in the case r v Marshall relating to intention to permanently deprive
D obtained underground tickets from people leaving- sold them to others convicted of theft
