Theft Flashcards
Elements
1)dishonestly
2)appropriation
3) property
4) belonging to another
5) intention to permanently deprive
Men’s Rea
Dishonestly intention to deprive
Actus reus
Appropriating property belonging to another
Rights of the owner
- change it
- sell it
- consume it
- use it
- give it away
- destroy it
- hire it out
R v pitham & hehl
Do not need to deprive owner in order to appropriate
R v morris
It’s enough for prosecution if they assume ANY ONE right of the owner
R v Lawrence
Can still be appropriation if there’s consent
R v hinks
Can still be appropriation when there’s no deception and there is consent
R v Gomez
Removing items from a store shelf can be appropriation
Types of property
- real property
- money/currency
- tangible property
- things in action
- personal property
R v Kelley and Lindsay
Body parts aren’t usually property but in this case they were considered property
Oxford v moss
Information is not property
R v turner
Can be guilty of stealing ur own property
R v Webster
Proprietary intrest
R v hall
Property received not under obligation
Klineberg v marzden
Property received under obligation
Davidge v Burnett
Legal obligation
AGR
Property received by mistake should be returned
S2(1)a dishonesty
If he or she believe they have the right to deprive other of it
S2(1) b dishonesty
If he or she believed the other would consent if they knew about the appropriation and circumstances
S2(1)c dishonesty
The person whom the property belongs to can not be discovered by taking reasonable steps
R v Robinson
S2(1) a
R v small
S2(1)c ‘no need for d’s beliefs to be reasonable’
Ivey v casinos
1) abolished gosh test
2) brought in subjective test ‘what did d believe’ and objective test ‘were ds conducts dishonest by standards of ordinary people’
R v velumyl
Intention to permanently deprive of original item
Dpp v lavender
Intention to permanently deprive
R v Lloyd
The same exact item must be returned in same condition.
R v Easom
Conditional theft
