Theft Flashcards
Where is theft defined and what is the definition
Theft is defined in s1(1) of the theft 1968 as dishonestly appropriating property belonging to another with intention of depriving the other of it
What’s the 6 components to theft
S2 dishonesty
S3 appropriation
S4 property
S5 belonging to another
S6 intention of permanently depriving
S3(1)
Any assumption by a person of the rights of an owner
R v morris
Only one right needs to be proved for appropriation
R v pitham and hehl
Even if property is not removed it can be appropriation
Lawrence v mpc
Even if v agrees to d taking his property this may still be appropriation
R v hinks
Even if v gives the property to d as a gift this may still be appropriation
S4(1)
Property includes real, money, personal, things in action and intangible property
R v Welsh
Fluids can be property
R v Kelly and Lindsay
Corpses are not property
Oxford v moss
Information is not property
R v akbar
Sheets with information can be property
S5(1)
Belonging to another means having possession or control of the property or interest in the property
S5(3)
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)
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 mistake
S2(1)(a)
D is not dishonest if the defendant believes he has legal right to the property, like in r v Robinson
S2(1)(b)
D is not dishonest if the defendant believes that the owner would have consented like in r v holder
S2(1)(c)
D is not dishonest if d believes the owner cannot be found taking reasonable steps like in r v small
Ivey v genting casinos
A- d believes there’s a legal right
B- owner would consent
S6(1)
To treat the property as one’s own to dispose of regardless of owners rights
R v Lloyd
Borrowing can lead to permanently depriving
R v velumys
You have to return the same thing you stole
R v Easom
Conditional intent is not sufficient for theft
