theft Flashcards
where is theft defined?
Theft Act 1968 s1(1)
what is the definition of theft?
if d dishonestly appropriates property belonging to another with the intention to permenently deprive the other of it
what is the actus reus of theft?
-appropriation
-property
-belonging to another
where is appropriation defined?
s3(1)
what is appropriation defined as?
any assumption by a person of the rights of the owner
what is the main case for appropriation?
R v Morris
what does R v Morris say?
only 1 of the rights of an owner need to be assumed
what does Pitham and Hehl say?
appropriation can be assuming the right to offer property for sale
what does Lawrence v MPC say?
even if the v consents there can still be appropriation
what does R v Gomez set out?
that appropriation happens at a moment in time - when d assumes the rights of an owner
what does s3(1) also state?
where d initially comes across property innocently but later assumes a right by keeping/dealing with property as if the owner
where is property defined?
s4(1)
what does s4(1) define property as?
property includes money, all other property, real or personal, as well as things in action and intangible property
where can we find the exceptions to the rule that land cannot be stolen?
s4(2)
what are the exceptions found in s4(2)?
-someone who severs anything that is part of the land from the land
-a tenant takes a fixture or structure from the land let to him
-some legally entrusted to look after the land abuses his power
what case shows that bodily fluids can be stolen?
R v Welsh
what case shows that corpses generally cannot be stolen?
R v Kelly & Lindsay
what case shows that information/knowledge does not count as property?
Oxford v Moss
what case shows that exam papers themselves are considered personal property?
R v Akbar
what section is belonging to another defined in?
s5(1)
what does s5(1) define belonging to another as?
includes anyone with possession or control of the property or with a proprietary right/interest in property
what case shows that property can belong to more than one person?
R v Turner
what case talks about the previous owners interest?
Rickets v Basildon Magistrates - the original owner still has proprietary interest in the property until their intention is fulfilled
what does s5(3) say about legal obligations?
that if property s received under a legal obligation to deal with it under a specific way, then it must be used in that way otherwise it is theft
what is the case for when property is given by mistake?
AG Ref(No 1 of 1983)
what does AG Ref (No 1 of 1983) say?
that if property is received by mistake, then d is under a legal obligation to return it
where is dishonesty defined?
s2(1)
what situations does s2(1) give that are not dishonest?
-s2(1)(a) - the d believes they have a legal right to the property - R v Robinson
-s2(1)(b) - the d believed that the owner would consent if they were aware of the situation - R v Holden
-s2(1)(c) - d believed that the owner would not be able to be found even when taking the reasonable steps - R v Small
what does s2(2) say?
that d may still be dishonest if he is willing to pay for the property
what is the Ivey test?
-what did d believe the facts of the situation to be
-whether d’s conduct was dishonest, on those facts, according to the ordinary standards of reasonable and honest people
what case says that the Ivey test applies to criminal cases too?
R v Barton and Booth
what section defines intention to permanently deprive?
s6(1)
what does s6(1) define intention to permanently deprive as?
intending to treat the property as ones own to dispose of regardless of the owners rights
what is the main case for intention to permanently deprive?
DPP v Lavender
what does s6(1) also define borrowing as?
borrowing can amount to an intent to permanently deprive if property is kept for such time and in such circumstances that make it equivalent to outright taking/disposal
what does R v Lloyd say?
borrowing can amount to intention to permanently deprive if the goodness virtue and value have been removed
what does R v Velumyl say?
unless you give back that exact property it is permanently depriving
what is conditional intent and what is the case for it?
-where d is willing to steal but has. not yet decided
-R v Easom
-not enough to amount to theft
