Theft Flashcards
Hinks 2000
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’
Lawrence 1972
Taxi driver
Consent - irrelevant
Morris 1984
Switched labels - assumption of any right
[Supermarket cases - Lane v Roskill]
Gomez 1993
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
Gallasso 1993
POST GOMEZ
Open account in V’s name - facilitate stealing
Not Assumed V’s rights
[Ignore Gomez]
Mazo 1997
POST GOMEZ
Maid - gifts appropriated?
Old lady - no competence to make gifts + D must have realised
Pitham and Hehl 1977
APPROPRIATION AND CONTROL
Offered V’s goods for sale
Any right + no need to literally take
Navvabi 1986
THINGS? - BANK ACCOUNTS
No money in accounts - cheques
No appropriation of bank’s money
Oxford v Moss 1978
PROPERTY
Examination paper - put it back
Confidential information - not property
Smith, Plummer and Haines 2011
PROPERTY
Drugs - theft of stolen property still theft
Turner No 2 1971
BELONGING TO ANOTHER
Able to steal own property - legal control of someone else
Car
Ricketts v Basildon Magistrates’ Court 2010
BELONGING TO ANOTHER
Oxfam - bins owned
Items not abandoned
Feely 1973
MR - DISHONESTY
Borrowed from till - intention to replace
Contemporary standards
Ghosh 1982
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?
Lloyd 1985
MR - PERMANENTLY DEPRIVE
Smuggle films - copy
Borrowing not same as taking