Theft Flashcards
S3(1)
Any assumption by a person of the rights of an owner is appropriation. Appropriation also covers situations where he has come by the property innocently (without stealing it), any later assumption of a right to it by keeping or dealing with it as the owner
R v Morris
D only needs to assume one right for appropriation
R v Pitham and Hehl
Assuming the right to offer property for sale is appropriation
Lawrence v MPC
Even if V agrees to D taking his property, this may still be an appropriation
R v Hinks
Even if V gives the property to D as a gift, this may still be appropriation if they are vulnerable
S4(1)
‘Property’ includes: money, rela property, personal property, things in action and intangible
R v Welsh
Bodily fluids are property and can be stolen if in another’s possession
R v Kelly and Lindsay
Body parts may become property if they acquire value
Oxford v Moss
Information/knowledge is not property
R v Akbar
Exam papers count as personal property
S5(1)
Possession or control of the property or with a proprietary right/interest in the property
R v Turner
Even the legal owner of property is capable of stealing his own property if the possession or control is with someone else
Ricketts v Basildon
Property left in a designated bin belonged to the owner of the bin
S5(3)/Davidge v Burnett
If D receives property and is under a legal obligation to use it in a particular way, that property will still be treated as belonging to the giver
S5(4)/Att. Gen (No 1 of 1983)
If D receives property by mistake and is under a legal obligation to return it, that property will still be treated as belonging to the party who made the mistake
S2
3 situations of honesty
S2(1)(a)/R v Robinson
D is not dishonest if he believes he has a legal right to deprive the other of the property
S2(1)(b)/R v Holden
D is not dishonest if he believes the owner would have consented to the appropriation if they knew of it and its circumstances
S2(1)(c)/R v Small
D is not dishonest if D believes the owner can’t be found taking reasonable steps
S2(2)
D may be considered to be dishonest even though he is willing to pay for the property
Ivery v Genting Casinos
Decide what D believed the facts of the situation were, and then whether they felt his conduct was dishonest on those facts according to the ordinary standards of reasonable and honest people
R v Barton and Booth
The Ivey dishonesty test applies now to criminal offences
S6(1)/DPP v Lavender
Intending to treat the property as one’s own to dispose of regardless of owner’s rights
S6(1)
Borrowing can amount to an intention to permanently deprive if property is kept for such time and in such circumstances that make it equivalent to outright taking/disposal
R v Lloyd
These times and circumstances are when the goodness, value and virtue of property has been removed
R v Velumyl
D must return the exact same property to have borrowed something
R v Easom
Conditional intent is not sufficient for theft
