Theft Flashcards
R v Morris
Need only assume one right of the owner
Switching price tags is the right of the owner
R v Pitham and Heehl
Offering for sale is a right of the owner
R v Gomez
Consent is immaterial to appropriation
R v Hinks
Possible to steal a gift
R v Hale
Continuing appropriation theory - can continue for as long as held that the defendant was in the course of appropriating
R v Adams
Innocent purchaser for value acquires good title to the goods unless bought in bad faith
R v Turner (No 2)
Possible to appropriate your own property if under the control of another
Williams v Phillips
Just because the original owner has no use of it doesn’t mean he’s abandoned it (rubbish)
Hibbert v Mckiernan
Lost golf balls are not abandoned by their owners - question of whether the owner is indifferent over the fate of the property
R v Woodman
Abandoned property belonged to factory who had possession or control of it (made attempts to keep out trespassers)
Parker v British Airways Board
For control in a public area there must be demonstration of intention to control everything on their property (lost and found policy)
R v Clowes (No 2)
If money is given under an obligation to retain or deal with it in a specific way, the property is regarded as belonging to another against the accused
Must be a leal obligation
Davidge v Bunnett
Accused given money to pay utility bills by flatmates
Despite being a domestic situation, since she was legally obliged to deal with the money in a certain way the money belonged to her flatmates for the purpose of the Theft Act
R v Wain
Legal obligation need to require defendant to retain and deal with actual property - sufficient if there is an obligation to deal with proceeds of this property (all fungible goods)
R v Hall
No legal obligation for a travel agent to keep money separate
R v Breaks & Huggan
s5(3) has no automatic application in circumstances of misapplied funds unless the accused was under a legal obligation under civil law
R v Klineberg & Marsden
Due to contractual promises, defendants were under a legal obligation to deal with property and proceeds in a certain way
AG’s Reference No 1 of 1983
If someone is given property by mistake they are under an obligation to restore it - s5(4) operates so the property is regarded as belonging to the person entitled to restoration
Edwards v Ddin
Offence of making off without payment - ownership of petrol passes where it is placed into purchaser’s petrol tank - if dishonest intent is formed later, then this is too late as property now belongs to them
Corcoran v Whent
Ownership of food passes when it is eaten
Oxford v Moss
Information is capable of being stolen
Low v Blease
Electricity is not capable of being stolen
R v Kelly
Digging up body parts counted as theft
R v Robinson
Ignorance of criminal law will not be a defence, but ignorance of civil law may be if it means the defendant’s belief is honestly held
R v Ghosh
1) Was the defendant’s behaviour dishonest by the ordinary standards of reasonable and honest people?
2) Did the defendant realise that what he was doing was by those standards dishonest
R v Lloyd
Intention to permanently deprive should be given its ordinary everyday meaning unless clear that defendant does not intend for the owner to lose property permanently
Ransom cases - by selling property back to original owner, the defendant has shown an intention to treat the property as his own
Borrowing will constitute permanent deprivation if it is in such a changed state that all the goodness, virtue and practical value has gone
R v Velumyl
Intention to permanently deprive cannot be defeated by replacement by fungible goods
R v Scott
Intention to treat curtains as her own and sell them was intention to dispose of them regardless of the original owner’s rights
R v Cahill
Dispose = to deal with definitely
DPP v J
Property may be disposed of by destruction or being rendered useless
R v Waters
Ransom cases - might not be an intention to permanently deprive if condition can be easily fulfilled in the immediate future
R v Fernandes
Dealing with it in a manner that he knows is risking its loss - speculative investments with client money
R v Vinall
No requirement of actual disposal, or intention to dispose of in any particular way - requirement of a state of mind
R v Mitchell
Dealing with property is insufficient, must try to dispose of it or risk its loss
R v Beecham
Stole railway tickets intending to return once all the journeys had been used up -all the goodness virtue and practical value would have gone
