Theft Flashcards
What act defines theft?
Section 1 theft act 1968
How is theft defined?
Dishonestly appropriated property belonging to another with the intention of permanently depriving the other of it.
What section covers appropriation?
S3(1)
What does appropriation mean?
Any assumption of the owners rights
What happened in morris?
Switching the labels on goods in a supermarket
Can there be an appropriation even if the owner convents?
Yes, if it is obtained by deception.
What case do we use for appropriation with deceptive consent?
Hinks.
What 2 cases do we use as examples for property?
Urine
Test papers
Urine- Welsh
Test papers- Oxford v moss
Where is the definition for belonging to another found?
S5(1) - belonging to another means possession, control, or proprietary interest.
What happened in (turner)
D was guilty of theft of his own car as he took it from a garage without paying.
What happend in woodman?
Scrap metal that appeared to be abandoned was on company site so was in its possession and control.
Where is the obligation to deal with property in a particular way defined.
S5(3)
In what case did D raise money for charity but spent it himself.
Wain
What section says that property revived by mistake belongs to another where D has an obligation to pay it back? And case.
S5(4)
AG ref 1 [1983] - excessive amount of wages
What are the 3 criteria that s2(1) says makes D NOT dishonest
A) he has the legal right to appropriate property. (Holden)
B) owner would’ve consented
C) owner cannot be discovered
What is the definition of intention to permanently deprive?
Intention to treat the property as his own to dispose of regardless of the owner’s rights.
This is defined under S6(1)
In the case Velumyl, what was the defendant’s intention regarding the money borrowed?
The defendant had intention to permanently deprive the victim of the specific money taken, as he could not replace the exact same notes.
This case illustrates the concept of IPD through the act of borrowing with the intent not to return the exact money.
What does the case DPP v Lavender highlight about intention to permanently deprive?
The defendant treated the doors as his own to dispose of regardless of the council’s rights.
This case involved taking property from a council house to replace damaged property in another.
What constitutes intention to permanently deprive in the Raphael case?
Placing a condition on the return of property is treating it as the defendant’s to dispose of regardless of the owner’s rights.
This case involved taking a car and demanding money for its return.
How can borrowing or lending property demonstrate intention to permanently deprive?
It can be equivalent to an outright taking or disposal.
This is outlined in S6(1) regarding the nature of property handling.
What did the Lloyd case establish about borrowing property?
Borrowing property until the goodness, virtue, the practical value has gone amounts to an outright taking or disposal of that property and so is IPD.
This emphasizes the loss of value as a key factor in determining IPD.
What was the ruling in DPP v J and others regarding the headphones?
The act of taking and breaking the victim’s headphones and then giving them back was held as intention to permanently deprive.
This case illustrates that damaging property can also signify IPD.
