Theft Flashcards
Where is theft contained
Theft act 1968 Sections 2, 3, 4, 5, and 6
Define theft
Dishonest appropriation of property belonging to another with intention to permanently deprive
What is the AR of theft
Sections 3, 4 and 5. appropriation of property belonging to another
S.3 - Appropriation
Any assumption by a person of the right of an owner innocently or not, dealing with it as the owner would - R v Morris
S.4 - Property
Includes money and any other property tangible or intangible.
S.5 - Belonging to another
Property shall be regarded as belonging to another, having possession or control of it or any interest in it - R (on the application of rickets) v Basildon magistrates court
S.5(3)
Clear obligation to deal with property - Davidge v Bennet
S.5(4)
Legal obligation to return property that you receive by mistake - A-G Ref (No1 1983)
What is the mens rea of theft
Sections 2 and 6 - Dishonest intention to permanently deprive
S.2 - Dishonesty
If he appropriates the property in belief that he has in law right to deprive the other of it on behalf of himself or someone else or if he appropriates the property in the belief he would have the owners consent.
S.6 - Intention to permanently deprive
Intention to treat property as their own regardless of the owners right