theft 2 Flashcards
Define the theft act sections, what offence it is and how long the sentence is (opening paragraph)
s.1 of theft act provides definition
‘Dishonest appropriation of property belonging to another with intention to permanently deprive the other of it’
- Trible either way offence
- 7 years
s.2-6 provides complete or partial definitions of the elements of the acts
what are the AR sections of theft
apropriation
propety
belonging to another
what are the MR elements of theft
dishonesty
intention to permanently deprive
List all of the case included in appropriation
Lawrence Moris Gomez pitham v hehl aptku v abrihams
Describe the case of lawrence
Taxi driver took too much of the forgin mans money even though he consented to him taking the correct amount
A person can appropriate propety where the owner consents to it
describe the case of Morris
D switched the labels on shop items before paying incorrect money
appropriation can be any of the rights of the owner
Describe the case of gomez
D decieved the shop owner to take £18000 in cheque
but they were fake
held: Gomez illustrates that even where consent appears to have been given, the courts look at the dishonesty of the act.
Describe the case of apku v abrihams
D’s stole a car in germany and were convicted when got to the UK
theft failed because appropriation occurred at one point in time in Germany not in england
Appropriation can occur at one point in time
Describe all the cases for property
Kelly v Lindsey
Oxford v Moss
Attorney G ref hong kong
List what is included in property in terms of what is and isn’t
Is included: Money, personal propety, things in action.
-You can pick wild foods but not for the purpose of comercial
-copy right, quotas etc are things in action
Is not included: Wild animals/ flowers, electricity
-Human bodies
Describe the case of Kelly v Lindey
Stole body parts for a friends art exhinition
held: Body parts are only to be used for dissection, skill and teaching purposes
Describe oxford v Moss
A university student seeing a proof copy of an exam paper was not guilty of theft because the exam paper was information and ‘information’ cannot be stolen. Note: The student ‘saw’ the paper he did not physically remove the paper
General propety
What is the 3 circumstances in whic land can be stolen
- being dishonest as a trustee
- not in posession of the land and serves something from it
- appropriates a fixture. structure to let with the land
what is belonging to another
whereby the person has posession or control/ having a right or propitiatory interest
what are the cases for belonging to another
r v turner r v woodman r v small R v hall attorney g ref
Describe the case of R v Turner
D’s car was being repaired at a garage and on return found the car with the keys in and took it.
He appropriated property belonging to another because the car was in possession of the garage
General rule of belonging to another
Describe the case of R v woodman
D took scrap metal from a scrap yard
A person has possession of any articles or property on his land even if he is not aware that that property exists
describe the case of R v small
D saw a car for two weeks parked on a corner of a road, with the doors unlocked and keys in the ignition. The petrol tank was empty and the windscreen wipers did not work. D thought it was abandoned property and so he could take it.
Ownerless propety- Jury were directed to use the gosh test
Describe the case of R v Hall
D was given holiday deposit money and no instructions so he left it in travel agent deposit box
where the defendant is given propety with no reguards to deal with in a particular way is not theft
Propety recieved for particular purpose
Decsirbe attorney G ref
POL woman overpaid and was required to give it back
Propety recieved by mistake
