Theft Flashcards
Act? + Section of Theft?
CJA [Theft and Fraud] 2001 + S4
Theft Definition + elements
Dishonesty - Appropriation - w/o consent - intention to deprive
Property definition
money and all other property; real or personal, in action and other tangibles
Appropriate
Usurp/adversely interfere w the control rights of the owner
Morris
Swapped prices in grocers = appropriation
Gray
Employer failed fulfill contractual agreement to supply D w gas - D took as Honestly Believed entitled to
O’Loughlin
Need Honest Belief - not Reasonable
Test for Dishonesty = Objective
Morrisey
if owner gives limited consent - Beyond = theft
Burglary + definition
S12 - enters building [or part] as trespasser - w intent to commit[s] arrestable offence -S13=aggravated = w weapon of offence
12years
Collins - Brown - Ryan [Entry]
Effective & Substantial - Effective - Any body part = entry
Calarath
Judge stated - permit D to use stairs doesn’t permit slide down banister
Barker
House Sitting - entry for alien purpose = trespass
Murphy
Temporarily laying down weapon will not acquit the aggravated charge
McCalla
Not defence to say forgot
Bentham
Pretend gun in jacket w finger = not aggravated