Theft Flashcards
I
D may be liable for theft
D
Theft is defined under s.1 of the theft act 1967 as the dishonest appropriation of property belonging to another with the intention to permanently deprive
E
First yeh d must appropriate the property. Under s.3 appropriation is defined as assuming the rights of the owner. I’m the case it MORRIS is stated assuming any if the rights was enough and GOMEZ told us the appropriation must be dishonest.
Side rule
An appropriation can also occur with the v’s consent as seen in the case of LAWRENCE
Gifts- you appropriate property even if you receive it as a gift HINKS
A
Apply
E
Stage 2 states the property must be stolen under section 4 theft act 1968 only four types of property can be stolen
- money
- personal
- intangible
- real property
Property that cannot be stolen under section
- knowledge
- wild animals
- electricity
A
Apply
E
Stage 3 states that the property must belong to another. Under s5(1) property belongs to another if they have possession or control over it or a right or interest in it
Side rules
- stealing with own property- if someone else has yeh right or interstate in your property you can steal your own property (turner)
- lost property- the original owner still has the right and interest in it under s.5(1)
- abandoned property- the owner must have the intention to abandon property (basildon)
- if you hold money for a particular purpose s.5(3) you must use the money for the purpose intended (Davidge v Bennett)
1 receiving money by mistakes - section 5(4) you are under obligation to return the money (AG’S Ref)
A
Apply
E
Men’s Rea
Under stage 4 - dishonesty - no legal definition of dishonesty. If the d falls into any if the three negatives they are not dishonest
1) s.2(1)(a) - d believes they have a right in law to the property
2) s.2(1)(b) - d believe the owner would have consented to the taking
3) s.2(1)(c) - d believes the owner cannot be discovered by taking reasonable steps
If the three negatives do not apply the dishonesty test establishes in (Ivey and confirmed in Barton and booth
A
Apply
E
Stage 5 states the intention to permanently deprive under s6(1) the d intends to continue to treat the property as if it’s there own regardless of the owners rights
Side rules
- replace- even if you intended to replace the stolen property you still have the intention to permanently deprive (velumyl)
- borrow- if you give the property back but you have taken the goodness value and virtue this is the intention to permanently deprive (Lloyd)
- conditional intent- if you only steal if there is something worth stealing this is not an intention to permanently deprive (Easom)
A
Apply
