Theft Flashcards
What is the Act for Theft?
Theft Act 1968
What are the sections in Theft?
S3 Appropriation
S4 Property
S5 Belonging To Another
S2 Dishonesty
S6 Intention of Permanently Depriving The Other
“Definition” of Theft?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
Definition of appropriation in theft?
Any assumption of the rights of an owner, amount to an appropriation
Cases for appropriation in theft?
R v Pitham and Hehl
R v Morris
Lawrence
R v Hinks
Point of law in R v Pitham and Hehl for appropriation in theft?
Right of the owner include the right to sell property
Point of law in R v Morris for appropriation in theft?
Court often must decide whether the assumption has to be all the rights of the owner or some
Point of law in Lawrence for appropriation in theft?
Act does not state that the appropriation has to be without the consent of the owner
Point of law in R v Hinks for appropriation in theft?
Consent with deception
Definition of property in theft?
Money and all other property, real or personal, including things in action and other intangible property
Cases for property in theft?
R v Kelly and Lindsay
Oxford v Moss
Point of law in R v Kelly and Lindsay for property in theft?
Dead bodies and dead body parts is property
Point of law in Oxford v Moss for property in theft?
Knowledge cannot be stolen
What can not be stolen in theft?
Land
Wild Plants
Wild Animals
Definition of Belonging to Another in theft?
Property shall be regarded belonging to any person having procession or control of it
Cases for Belonging to Another in theft?
R v Turner (No2)
R v Woodman
Point of law in R v Turner (No2) for belonging to another in theft?
Owner can steal their own property if another has possession of it
Point of law in R v Woodman for belonging to another in theft?
Person/Business can be in possession of property without knowing
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?
Trust property (Trustee can steal)
Property received under obligation
Property received by another mistake
Case and point of law for property received under obligation for theft?
R v Hall - not guilty if not under obligation
R v Klineberg and Morsden - clear obligation not followed means guilty
Case and point of law for property received by another’s mistake for theft?
AG Reference No1 of 1983 - guilty of theft depends if they acted dishonestly
Point of law in R v Gilks for theft?
Betting transactions are not enforced by law
What needs to be proved in dishonesty for theft?
All that needs to be proved is that when D appropriated the property, they did it intentionally
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?
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
Point of law in R v Robinson for dishonesty in theft?
Honest belief of entitlement cannot be theft
What case establishes the test for dishonesty in theft?
R v Ghosh
Point of law in R v Gosh for dishonesty in theft?
Would an ordinary and reasonable person, believing the same facts as D consider them to be dishonest?
Cases for intention of permanently depriving the other of it in theft?
R v Velumyl
DPP v Lavender
R v Lloyde
Raphael and another
Point of law in R v Velumyl for intention of permanently depriving the other of it in theft?
Replacing notes with different notes is deprivation
Point of law in DPP v Lavender for intention of permanently depriving the other of it in theft?
Stole from house in council property
Point of law in R v Lloyde for intention of permanently depriving the other of it in theft?
Depriving meant taking out the goodness and value of the property
Point of law in Raphael and other for intention of permanently depriving the other of it in theft?
Intention to treat the thing as his/her own is deprivation
