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Law > Theft > Flashcards

Theft Flashcards

1
Q

What is the Act for Theft?

A

Theft Act 1968

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2
Q

What are the sections in Theft?

A

S3 Appropriation
S4 Property
S5 Belonging To Another
S2 Dishonesty
S6 Intention of Permanently Depriving The Other

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3
Q

“Definition” of Theft?

A

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

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4
Q

Definition of appropriation in theft?

A

Any assumption of the rights of an owner, amount to an appropriation

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5
Q

Cases for appropriation in theft?

A

R v Pitham and Hehl
R v Morris
Lawrence
R v Hinks

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6
Q

Point of law in R v Pitham and Hehl for appropriation in theft?

A

Right of the owner include the right to sell property

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7
Q

Point of law in R v Morris for appropriation in theft?

A

Court often must decide whether the assumption has to be all the rights of the owner or some

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8
Q

Point of law in Lawrence for appropriation in theft?

A

Act does not state that the appropriation has to be without the consent of the owner

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9
Q

Point of law in R v Hinks for appropriation in theft?

A

Consent with deception

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10
Q

Definition of property in theft?

A

Money and all other property, real or personal, including things in action and other intangible property

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11
Q

Cases for property in theft?

A

R v Kelly and Lindsay
Oxford v Moss

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12
Q

Point of law in R v Kelly and Lindsay for property in theft?

A

Dead bodies and dead body parts is property

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13
Q

Point of law in Oxford v Moss for property in theft?

A

Knowledge cannot be stolen

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14
Q

What can not be stolen in theft?

A

Land
Wild Plants
Wild Animals

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15
Q

Definition of Belonging to Another in theft?

A

Property shall be regarded belonging to any person having procession or control of it

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16
Q

Cases for Belonging to Another in theft?

A

R v Turner (No2)
R v Woodman

17
Q

Point of law in R v Turner (No2) for belonging to another in theft?

A

Owner can steal their own property if another has possession of it

18
Q

Point of law in R v Woodman for belonging to another in theft?

A

Person/Business can be in possession of property without knowing

19
Q

What are the 3 situations in which a person, who acted dishonestly and caused another loss, can be guilty if the property did not belong to another for theft?

A

Trust property (Trustee can steal)
Property received under obligation
Property received by another mistake

20
Q

Case and point of law for property received under obligation for theft?

A

R v Hall - not guilty if not under obligation

R v Klineberg and Morsden - clear obligation not followed means guilty

21
Q

Case and point of law for property received by another’s mistake for theft?

A

AG Reference No1 of 1983 - guilty of theft depends if they acted dishonestly

22
Q

Point of law in R v Gilks for theft?

A

Betting transactions are not enforced by law

23
Q

What needs to be proved in dishonesty for theft?

A

All that needs to be proved is that when D appropriated the property, they did it intentionally

24
Q

There are 3 situations which someone’s behaviour is not seen as dishonest, based on belief and does not matter if belief is incorrect for theft?

A

Has in law to deprive the other of it - behalf of or third party

Would have others consent if knew about the appropriation

Person to whom property belongs to cannot be discovered by taking reasonable steps

25
Q

Point of law in R v Robinson for dishonesty in theft?

A

Honest belief of entitlement cannot be theft

26
Q

What case establishes the test for dishonesty in theft?

A

R v Ghosh

27
Q

Point of law in R v Gosh for dishonesty in theft?

A

Would an ordinary and reasonable person, believing the same facts as D consider them to be dishonest?

28
Q

Cases for intention of permanently depriving the other of it in theft?

A

R v Velumyl
DPP v Lavender
R v Lloyde
Raphael and another

29
Q

Point of law in R v Velumyl for intention of permanently depriving the other of it in theft?

A

Replacing notes with different notes is deprivation

30
Q

Point of law in DPP v Lavender for intention of permanently depriving the other of it in theft?

A

Stole from house in council property

31
Q

Point of law in R v Lloyde for intention of permanently depriving the other of it in theft?

A

Depriving meant taking out the goodness and value of the property

32
Q

Point of law in Raphael and other for intention of permanently depriving the other of it in theft?

A

Intention to treat the thing as his/her own is deprivation

Law (25 decks)

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