Theft Flashcards

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1
Q

Hinks 2000

A

Appropriate gift?
Any assumption of any rights of owner even if consented
‘have reduced the AR to vanishing point’
Hobhouse: ‘treat otherwise lawful conduct as criminal merely because it is open to [moral] disapprobation would be contrary to principle’

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2
Q

Lawrence 1972

A

Taxi driver

Consent - irrelevant

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3
Q

Morris 1984

A

Switched labels - assumption of any right

[Supermarket cases - Lane v Roskill]

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4
Q

Gomez 1993

A

Accept cheques knew were stolen
o Stolen goods pass to D with consent of owner – is there appropriation – YES
o Does it necessarily need to involve an element of adverse interference? – NO

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5
Q

Gallasso 1993

A

POST GOMEZ
Open account in V’s name - facilitate stealing
Not Assumed V’s rights
[Ignore Gomez]

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6
Q

Mazo 1997

A

POST GOMEZ
Maid - gifts appropriated?
Old lady - no competence to make gifts + D must have realised

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7
Q

Pitham and Hehl 1977

A

APPROPRIATION AND CONTROL
Offered V’s goods for sale
Any right + no need to literally take

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8
Q

Navvabi 1986

A

THINGS? - BANK ACCOUNTS
No money in accounts - cheques
No appropriation of bank’s money

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9
Q

Oxford v Moss 1978

A

PROPERTY
Examination paper - put it back
Confidential information - not property

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10
Q

Smith, Plummer and Haines 2011

A

PROPERTY

Drugs - theft of stolen property still theft

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11
Q

Turner No 2 1971

A

BELONGING TO ANOTHER
Able to steal own property - legal control of someone else
Car

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12
Q

Ricketts v Basildon Magistrates’ Court 2010

A

BELONGING TO ANOTHER
Oxfam - bins owned
Items not abandoned

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13
Q

Feely 1973

A

MR - DISHONESTY
Borrowed from till - intention to replace
Contemporary standards

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14
Q

Ghosh 1982

A

MR - DISHONESTY
Objective: D’s actions dishonest according to standards of reasonable person
Subjective: D realise that reasonable and honest people would regard what he did as dishonest?

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15
Q

Lloyd 1985

A

MR - PERMANENTLY DEPRIVE
Smuggle films - copy
Borrowing not same as taking

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16
Q

Duru 1973

A

MR - PERMANENTLY DEPRIVE
Granted mortgages
Money will come back + did not go to him but to solicitor
Regardless - conduct enables someone else to obtain control or possession of it

17
Q

Raphael 2008

A

MR - PERMANENTLY DEPRIVE

Ransoming

18
Q

Vinall 2011

A

MR - PERMANENTLY DEPRIVE

Abandoning cycle - ‘treating [the property] as one’s own to dispose of regardless of the other’s rights’.

19
Q

Theft Act 1968

A

1(1): Dishonestly + Appropriates + Property belonging to another + intention of permanently depriving
2(1): legal right, would consent, cannot discover
3(1): Assumption of rights