Theft Flashcards
s3 Appropriates - assumption of rights of an owner - x2 cases
R v Morris - switching labels, only one right need to assumed for A
R v Pitham and Hehl - furnature, offering to sell
No need to touch or take property
Appropriation and consent, case - case
Consent irrelevant.
R v Gomez - worthless cheques
Appropriation and gifts - case
R v Hinks - stupid man taking out money. A can take place with consent.
What is later appropriation?
s3.1. Honest when finding item then become dishonest with intention to permanently deprive still counts as appropriation.
Innocent purchaser? What is it and case
s3.2 - R v Adams - bought stolen bike parts, could not be convicted of theft by keeping them.
Property - what can be stolen?
s4.1
Property - what cannot be stolen?
Confidential information - Oxford v Moss - exam paper
Electricity - Low v Blease - burglar phonecall
s4.2-4
Belonging to another - what is it and key case?
s5 extends concept of BtA.
5.1 - owner can steal own property
R v Turner - his car from a garage.
Belonging to another - abandoned property. x2 cases?
Williams v Phillips - leaving on side of road intends to give to council.
Smith v Hogan - person who loses engagement ring does not abandon even if stop looking, can be reclaimed even if years later.
Belonging to another - Statute and x2 cases for control of property?
5.1
R v Woodman - business with control over property, stealing something from premises, even if not theirs, theft
Parker v British Airways - bracelet in lounge, BA did not exercise control over things, not theirs.
Belonging to another - 5.3 - meaning and x2 cases
property given for a purpose - A legal obligation to deal with property in a particular way
R v Clowes - commercial
Davidge v Cunnett - domestic, gas and xmas prezzies
Belonging to another - property given for a purpose - proceeds?
R v Wain - spending fundraising money!
Belonging to another - property given for a purpose - when does a legal obligation arise? x2 cases
R v Hall - travel agency, under contractual obl to buy flights but NOT under obligation to keep customers money separate until it did so.
R v Klineberg and Marsden - contracts that purchasers money would be held in trust fund but they spent it. This WAS a legal obligation.
Belonging to another - 5.4 - meaning and x2 cases
Property given by mistake, belongs to legal owner and person entitled to restoration
Moynes v Cooper - kept extra money. 5.4 to rectify this.
AG Ref (no1 of 1983) - policelady paid for overtime by mistake. Legal obligation to pay back.
R v Shadrockh - Cigari - person who gives property by mistake has equitable interest in property.
Belonging to another - the time at which ownership passes?! 2 cases.
Edwards v Ddin. Decides to pay for petrol later, not theft as not owned anymore.
Corcoran v Whent - cannot steal food in tummy. But ownership passes before eating maybe.
Hole in theft act…
Dishonesty - statute, what it does
s2 - relates but does not define
s2.1, case
Honest belief in this will prevent D from being dishonest
R v Robinson - all about what they believe, so is subjective (not reasonable)
s2.2
Covers people who takes things from people who do not want to sell them. Dishonest to take milk from doorstep even if paying.
D can be dishonest, even with an intention to pay for the property.
What test do you do after 2.1 and 2.2 in dishonesty?
R v Ghosh
1) Was the Ds behaviour dishonest by the ordinary standards of reasonable and honest people? (if no, do not need to ask second)
2) Did the D realise that what he was doing was by those standards dishonest?
Key case for s6 - the intention of permanenlty deprivation.
R v Velumyl - must be intention to return exactly the same property. took lots of money from safe of workplace. He had no intention to permanently deprive, would pay back. BUT he DID of that PARTICULAR property.
6.1 - case for ‘treating the thing as it’s own’?
R v Scott - took curtains to return. Treating as her own.
6.1 - case for ‘to dispose of’?
R v Cahill - to deal with definitely-to get rid of, get done with, finish. Make over by way of bargain, sell. Oxford english dictionary.
6.1 - Definition from Cahill applied?
DPP v J - snapped a boy’s headphones. Snapping in 2, demonstrated intention to treat as own regardless of owner’s rights. ‘Finished’ essentially if rendered useless.
6.1 - 2 ransom cases?
R v Lloyd - ‘treated as own’ also covers ransom case - making over by way of bargain.
R v Raphael - said could only have car back if given money. Covered by 6.1
6.1 - an alternative case for how one may be treating an object as it’s own>
R v Fernandes - ‘Dealing with it in a manner that he knows is risking its loss’.
Applied in R v Marshall.
6.1 - ‘dealing with’ don’t think i’ll need…
R v Vinall - R v Mitchell… (robbery, nec to prove theft. Found friends and jumped into BMW. Cahill, car had not been disposed. Fernandes, had not risked car’s loss. So, CoA turned conviction…)
6.1 - borrowing - key case and little test
Outright taking or disposal
R v Lloyd - projectionist borrowed films and made into pirates but returned. All goodness, virtue and practical has gone. BUT it has NOT. No theft.
Borrowing so all the goodness virtue and practical value has gone =
Borrowing in circ making it equivalent to an outright taking or disp (lloyd) =
Treating it as your own to dispose of regardless of the others rights (s6(1))=
Having an intention to perm deprive s6.1
Possible defences for theft.
Duress
Self defence - unlikely to be dishonestly
Consent - see s2.1.b
Intoxication - a specific intent crime
