Theft Flashcards
Define theft
Appropriating the property belonging to another with intention to permanently deprive the other of it with dishonesty.
Outline the sections of the theft act
S2 dishonesty (men’s rea) S3 appropriates ( actually reus) S4 property (part of the actus reus) S5 belonging to another (part of the actus reus) S6 with intention to permanently deprive the other of it (men’s rea)
Outline the facts of pit ham v hehl 1977
D put furniture on the internet to sell that wasn’t his , held it was appropriation because D assumed the rights of the owner (who was in prison) it did not matter whether the furniture was physically sold or not, appropriation is theft.
What did the case of Morris establish and list the facts
D switched the labels on an item tag in a supermarket. He had put it in his basket but not gone to checkout.
Held: it is theft to assume any rights of the owner
What does the case of Lawrence say about the law on theft and state the facts
An Italian student spoke little English and got in a taxi. Laurence (D) took £6 from the students purse when the student allowed him to pull the “correct” money out. Lawrence argued that it was not appropriation because the owner consented however
Held: there was appropriation even if there’s consent
How does the case of Gomez develop the law and list the facts
D an assistant manager of a shop persuaded the manager to accept two cheques from a customer. The cheques were stolen and had no value. D was charged and convicted of theft of the goods.
Held: The House of Lords followed Lawrence and upheld the convictions. An appropriation does not require absence of consent, with dishonesty and deception
Is d appropriating rights if they pick items out of someone else’s basket
Yes, the House of Lords said there is appropriation in the case of Gomez by following the ratio of Lawrence that an act can be a appropriated with consent of the owner.
Which case supports appropriation at one point in time
Atkpu and Abraham’s 1994
Describe the facts and legal development in atkpu and Abraham’s
D hired 3 expensive cars abroad to sell in England. D argued that no appropriation had taken place in England and it was not triable in England.
Keeping and driving the cars in England was not an appropriation because they assumed the rights in Germany.
Describe a later assumption of the rights of the owner
Section 3 (1) An appropriation can take place where the defendant aquires property without stealing it but later decides to keep it.
Ie. Renting a video game then keeping it
Define propety
S.4 of the theft act provides that propety includes
Define theft
Appropriating the property belonging to another with intention to permanently deprive the other of it with dishonesty.
Outline the sections of the theft act
S2 dishonesty (men’s rea) S3 appropriates ( actually reus) S4 property (part of the actus reus) S5 belonging to another (part of the actus reus) S6 with intention to permanently deprive the other of it (men’s rea)
Outline the facts of pit ham v hehl 1977
D put furniture on the internet to sell that wasn’t his , held it was appropriation because D assumed the rights of the owner (who was in prison) it did not matter whether the furniture was physically sold or not, appropriation is theft.
What did the case of Morris establish and list the facts
D switched the labels on an item tag in a supermarket. He had put it in his basket but not gone to checkout.
Held: it is theft to assume any rights of the owner not all of them
What does the case of Lawrence say about the law on theft and state the facts
An Italian student spoke little English and got in a taxi. Laurence (D) took £6 from the students purse when the student allowed him to pull the “correct” money out. Lawrence argued that it was not appropriation because the owner consented however
Held: there was appropriation even if there’s consent
How does the case of Gomez develop the law and list the facts
D an assistant manager of a shop persuaded the manager to accept two cheques from a customer. The cheques were stolen and had no value. D was charged and convicted of theft of the goods.
Held: even thought the orbiter in Morris said that picking up items in a store and putting them in your basket is not appropriating rights, the house or lords held theft will only be committed if there is mens rea for theft
Is d appropriating rights if they pick items out of someone else’s basket
Yes, the House of Lords said there is appropriation in the case of Gomez by following the ratio of Lawrence that an act can be a appropriated with consent of the owner.
Which case supports appropriation at one point in time
Atkpu and Abraham’s 1994
Describe the facts and legal development in atkpu and Abraham’s
D hired 3 expensive cars abroad to sell in England. D argued that no appropriation had taken place in England and it was not triable in England.
Keeping and driving the cars in England was not an appropriation because they assumed the rights in Germany.
Describe a later assumption of the rights of the owner
Section 3 (1) An appropriation can take place where the defendant aquires property without stealing it but later decides to keep it.
Ie. Renting a video game then keeping it
Define propety
S.4 of the theft act provides that propety includes: money, personal belongings, things in action and intangible property
Kelly v Lindsey
D is an artist. She asks Lindsay for body parts from the hospital to use in an art gallery. D was guilty of theft.
Theft includes body parts as for the use of skill, learning and dissection
R v Smith
Smith and D attacked and stole £50 heroin.
Theft includes prohibited drugs
