Theft Flashcards
Act?
S1 Theft Act 1968
Appropriation section?
3
(Morris)
Appropriation is assuming the owners rights, this can include taking, selling, destroying, using and taking the owners rights too far and treating as their own
(Lawrence)
Can achieve consent through deception
Property section?
4(1)
(Kohn)
Things in action
(Chan Nai- Keung)
Intangible property
(Welsh)
Urine sample
(Welsh Oxford v Moss)
Confidential data NOT
(R v Smith (Micheal) and others)
Class A drugs
S4(3)
Wild plants are not property unless taken for a reward or sale
S5?
Property must belong to another
(Turner)
Possession, control or proprietary interest
S5(3)(Wain)
Obligation to deal with property a certain way
S5(4) (Gilks)
Property received by mistake belong to another, D had obligation to make restoration
Dishonesty section?
2
Not dishonest if (Holden)
He believes:
A. He has a legal right to the property
B. The owner would consent to the appropriation
C. The owner cannot be discovered by taking reasonable steps
(Barton and Booth)
A. Was the Ds actual state of knowledge or beliefs as to the facts
B. Was his conduct dishonest by the standard of ordinary people
IPD
S6
(Raphael)
Treat the property as his own, to dispose of regardless of the owners rights
(Lloyd)
Borrowing property until “goodness, virtue and practical value has gone”
(DPP V J)
Borrowing or lending property for a period and in circumstances equivalent to outright taking or disposal)
