Theft Flashcards
1
Q
What is the definition?
A
Under s1of the theft act 1968 as the dishonest appropriation of property belonging to another with intention to permanently deprive the other
2
Q
What is appropriation?
A
Assuming rights of the owner (morris)
3
Q
What counts as property?
A
Money, real property, personal property, things in action
4
Q
What does not count as property?
A
Confidential information (Oxford v moss)
5
Q
What is property belonging to another?
A
Where V has possession/control or propriety interest
6
Q
What is s5(3)?
A
Where D is entrusted to use property for specific purpose
7
Q
What is s5(4)?
A
Where D gains property accidentally they owe a DOC to correct it (turner)
8
Q
What is the Ivey test
A
- Would the reasonable person recognise the theft as dishonest
- Did the D realise this was dishonest? (Ivey)
9
Q
What is dishonesty?
A
Treating the property as your own (lavender)
