Theft Flashcards
What act is theft defined under?
Theft Act 1968 (amended in 78)
What section defines theft?
s1
What is the definition of theft?
Dishonestly appropriating property belonging to another with intention to permanently deprive
What are the section numbers for each element of theft?
s2- dishonest s3- appropriation s4-property s5- belonging to another s6- intention to permanently deprive
What is appropriation?
Assuming any of the rights of the owner
Are the rights of the owner defined?
No
What cases said that you only have to assume one of the rights of the owner?
Morris and clarified in Gomez
What can appropriation include?
Taking, selling, destroying, touching, hiring out, consuming
Can appropriation occur after a possession has been taken?
Yes eg offering to sell someone a book that you have borrowed from someone else
Obtaining possession legally case?
Pilgrim v Rice Smith
Case where defendant is not in possession of property?
Pitham and Hehlv
Case where owner consents to actions of the defendant?
Lawrence
What is the definition of a gift under civil law?
donor was mentally competant, the donee has absolute title in the property
What case decided gifts were not appropriation?
Mazo
What case did not follow the rule that gifts are not appropriation?
Hinks- Ordinary people would consider 60’000 and a tv dishonest
Donor was mentally incapable
What case confirmed Gomez that appropriation is not a continuing act?
Atakpu and Abrahams
In what cases can land be stolen?
Removing topsoil, trees, plants, greenhouses
knocking down a wall and stealing the bricks (Cleckheaton)
What case stated knowledge cannot be stolen?
Oxford v Moss