Theft Flashcards
Definition of Theft?
The Dishonest appropriation of property belonging to another with intention to permanently deprive
Where does the Theft Definition come from? What statute and/or case?
S1(1) Theft Act 1968
What is the AR AND MR of Theft?
AR: Appropriation - Property - Belonging to another
MR: Dishonest - Intention to permanently deprive
What is Appropriation?
What section defines this?
Supporting cases?
(s3) Any assumption of the rights of the owner
- R v Morris
- R v Hinks
- R v Gomez
What does R v Morris establish for Appropriation?
Not all rights must be assumed - at least one
What does R v Hinks Establish for appropriation?
Can happen where D comes by property (innocently or not)
What does R v Gomez Establish for appropriation?
Even if owner consents (if Deception)
What is Property?
What section defines this?
(s4)
- Money
- Real
- Personal property
- Things in action
- Other intangibles
What does R v Welsh Establish for Property?
Bodily Fluids are property
What does R v Smith Establish for Property?
Property can be lawful or unlawful (heroin etc)
What is Belonging to Another?
What section defines this?
What Case supports this?
(s5(1)) In another’s possession or control or proprietary right/interest
- R v Turner
What does R v Rostron and Collinson Establish for Belonging to another?
Owner retains proprietary rights until property is passed to who they wish to lawfully possess it
What does Davidge v Bunnet Establish for Belonging to another?
Property given for specific purpose belongs to original owner until purpose is fulfilled
How is Dishonesty defined in law?
How is it established?
Not explicit.
Was D dishonest by ordinary standards of honest and reasonable people?
- IVEY TEST
What is the Ivey Test?
Where did it come from?
Ivey v Genting Casinos
- What was D’s actual state of knowledge or belief as to the facts?
- Was his conduct dishonest by the standards of ordinary decent people? (i.e. Jury)
What case confirms the Ivey Test?
R v Barton and Booth
What is Intention to Permanently Deprive?
What section defines this?
s6(1)
D treats property as his own to dispose of, regardless of owner’s rights
Which cases support definition for Intention to Permanently deprive?
- Name three
R v Raphael
R v Velumyl
R v Lloyd
Other Theft knowledge (sentencing etc)
- Triable either way offense
- Maximum 7 years - s13 CJA 1991
