Theft Flashcards
What does section 1 of the Theft Act state
To dishonestly appropriate property belonging to another with the intention of permanently depriving another of it.
What does section 3 say?
What does this include?
Assuming rights of ownership, this includes selling, keeping, lending and destroying.
What was the case where the D sold everything in their friends flat without their permission?
Pitman V Hehl
Must a thief assume all rights of the owner?
No
What happened in R v Morris?
D swapped the price labels on the product.
Can you appropriate property with the consent of the victim?
Yes
What happened in Skipp?
D stole 3 lorries full of oranges, the appropriation happened when he went off route.
What happened in Lawrence?
Taxi driver took too much money off Italian student for taxi fare.
What happened in Gomez?
D gave a shop faulty cheques for £17,000 worth of goods
What are the conflicts between civil and criminal law in associating to gifts?
Gifts are legally past through civil law, however in Hinks the D manipulated an old man into giving her £80,000. In criminal law this is illegal as she took advantage of him, however the gifts has already been past.
What year was the Theft Act created
Theft Act 1968
Is appropriation a continuing process or an one off occurrence? Which case illustrates this?
Theft is usually a one off occurrence. The case is Atakpu
S4 (1) says which property can be stole?
Money, real property, personal property, things in action, intangible property
Property does not include information which case illustrates this?
Oxford V Moss
What does S4(2) say?
Land cannot be stolen unless: the D is in a position of trust or stolen by someone not in possession of it
What does S4(3) and S4(4) say? HINT: plants
S4(3) says that you can’t steal wild plants unless you intend to sell them for commercial purposes
S4(4) says wild animals cannot be stolen unless they’ve been tamed
Human body parts cannot be stolen which case illustrates this?
Kelly & Lyndsay- D stole body parts that belonged it the Royal College of Surgeons, they were being used for teaching proposes
S5 states what?
Property belonging to another
What happened in Woodman?
A piece of scrap metal was left on a site. D took this piece of metal, however this still belonged to the company
Can you be liable for stealing your own property?
Yes. The case of Turner where the D stole his car from a garage without paying for it
Which two cases illustrate abandoned property?
Collision and R V Basildon Mags Court
What does S5(3) say?
Receiving property for a particular purpose
List the 3 cases for receiving property for a purpose and give a brief fact on each case
Hall (travel agent who stole money)
Davidge V Bunnett (didn’t pay for the gas bill)
Wain (spend money raised from Telefon)
S5(4) says what?
Receiving property by mistake
What are the two cases for receiving money by mistake?
Gilks and A-G reference no1 1983
What does S2 say?
Dishonesty
What are the two stages of the Ghosh test?
- ) Was the D dishonest according to the reasonable and honest on the street
- ) Did D realise a reasonable person think it dishonest
What does the Robin Hood law say? S1(2)
You can still be guilty of theft even if your stealing isn’t for financial gain
Can you still be guilty for stealing property if you replace the good for same amount of money? S2(2).
Yes
What is S2(1)a?
And what is the case?
Honest belief in legal right?
Case- Robinson
What is S2(1)b
Honest belief in consent
What is S2(1)c?
And what is the case?
Honest belief the owner cannot be found
Case- Adrian Small
What is section 6?
Intention to permanently deprive
What happened in Lavender?
The D swapped the doors of his council flat
Is it a crime to return property with all its good and virtue gone?
What are the cases?
Yes
Bagshaw (taking gas cylinders)
Lloyd (D made illegal copy of film)
Can you return similar property?
What is the case?
No
Case- Velumyl (D took £1000 from till at work intending to return it, had to return same notes to be not guilty)
When does a person have conditional intent?
If they intend to steal if certain circumstances are satisfied.
Case- Easom
