Theft Flashcards
what is the definition of theft?
s.1 of the theft act states dishonestly appropriating property belonging to another with the intention to permanently deprive
what is appropriation?
s.3
assume the rights of the owner
to do things only the owner can do
(morris)
what is property?
s.4
money and all other property real or personal including things in action and other intangible property
(kelly and Lindsay)
what is belonging to another?
anyone having control, possession or propierty interest maybe be considered as its owner
(turner)
what are the 2 other things classified as property belonging to another?
s.5(3) legal obligation(davidge v bunnet)
s.5(4) mistakes extra change and extra wages
what is dishonestly?
s.2
s.2(a) legal rights
s.2(b) belief owner will give consent
s.2(c) cannot find its owner
(holden)
what is intention to permanently deprive?
s.6
exists at the time of appropriation
exact notes (velumyl)
wholly diminished in value(Lloyd)
what is conditional intent?
picking up an item to see if it is worth stealing but putting it back (easom)