Theft Flashcards
What Act is Theft under ?
s.1 Theft Act 1968
How is Theft defined under the act?
“dishonestly appropriating property belong 2 another with intention of permanently depriving other”
What sections are AR & MR set out under?
AR : 3-5
MR : 2 & 6
How does s.3(1) define appropriate?
‘any assumption of rights of owner’
What can appropriating property be ?
selling, destroying & consuming
What does case of Morris say about appropriating property ?
only one form has to apply
What must we consider when deciding how/if property has been appropriated with cases?
innocent or dishonest?
deception? (Gomez)
no deceit ? (Hinks)
What section defines property and how ?
4- ‘incl. 💸, & all other party real or personal incl. things in action or other tangible items’
What does the case of Velumyl say money can be ?
coins, notes of any currency
What can also count for real ?
trustee who takes land in breach of looking after it for another
digging/removing part of land
tenant takes any fixtures
What cases are used for personal ?
Kelly, Lindsey
What are things in action and intangible property with cases?
no physical value (Preddy)
bank account
knowledge ❌ property (Oxford V Moss)
What does s.4(3) & s.4(4) say about property ?
4(3)- wild 🍄, 🌷, 🍇, and foliage no property 2 b stolen unless 4 resale
4(4)- wild animals not prop. 2 b stolen unless resold
How does s.5(1) define belonging to another for appropriation?
“property regarded as belonging to any 🧍♀️ having possession/control or any proprietary right or interest”
What case defines possession & control & how ?
usually owner (Turner No.2)
What is proprietary right or interest & case ?
someone who keeps interest in the property (mobile company)- Marshall
What are the cases for appropriating property that was abandoned, by mistake or by obligation ?
abandon- Rostron
mistake- Att. Gen. ref. No.1
oblige- Davidge V Burnett
What is the MR for Theft ?
s.2 dishonesty
s.6 intention to permanently deprive
There is no def. for dishonesty but what are the 3 honest exceptions and their sections & cases?
s.2(1)(a)- has right in law (Robinson)
s.2(1)(b)- had owners consent (Flynn)
s.2(1)(c)- owner couldn’t be found (Small)
If none of the honest exceptions apply what cases set out and confirm the tests to apply ?
Barton V Booth and tests in Ivey V Gentings Casino
What were the tests that Ivey V Gentings Casino set out ?
1) was Ds actual state of knowledge/belief as the facts?
2) was Ds conduct dishonest accord. to standard of ordinary ppl ?
What is intention to permanently deprive (case & statute) ?
a.6(1) can b found when someone treats property as theirs to ‘dispose of’ DPP V Lavender
What type of offence is theft and where can i be tried ?
triable either way (Mag or Crown)
what is the max sentence for theft ?
7 years imprisonment
