Theft Flashcards

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1
Q

Where is theft contained

A

Theft act 1968 Sections 2, 3, 4, 5, and 6

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2
Q

Define theft

A

Dishonest appropriation of property belonging to another with intention to permanently deprive

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3
Q

What is the AR of theft

A

Sections 3, 4 and 5. appropriation of property belonging to another

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4
Q

S.3 - Appropriation

A

Any assumption by a person of the right of an owner innocently or not, dealing with it as the owner would - R v Morris

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5
Q

S.4 - Property

A

Includes money and any other property tangible or intangible.

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6
Q

S.5 - Belonging to another

A

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

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7
Q

S.5(3)

A

Clear obligation to deal with property - Davidge v Bennet

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8
Q

S.5(4)

A

Legal obligation to return property that you receive by mistake - A-G Ref (No1 1983)

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9
Q

What is the mens rea of theft

A

Sections 2 and 6 - Dishonest intention to permanently deprive

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10
Q

S.2 - Dishonesty

A

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.

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11
Q

S.6 - Intention to permanently deprive

A

Intention to treat property as their own regardless of the owners right

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