theft Flashcards
where can you find the defintion for theft
s1 theft act 1968
what is the ar elements for theft
appopriate
property
belonging to another
what is the MR elements for theft
dishonesty
intention to permanently deprive
Definition of appropriation
treat thing as their own, assumption of rights - r v morris (swtich price lables)
what if D deceives V into giving money
still theft - lawrence, dishonesty
appropriation is a ….
neutral act
what happened in the cas eof Hinks
d befriened man with low iq ask to give money to them, was appropriation as d was dishonest
definition of property
includes money, and all other property real or personal and other intangible property
what happened in oxford v moss
no intention of permanently depriving univeristy of piece of paper, conviction quashed
definition of belonging to another
posession or control of it
what happened in the case of R v turner no2
car was d’s, d gave car to garage, D took car, considereed apprpriation dishonestly because car was in the possession of the garage
definition of the intention to permanently deprive
intention to treat the thing as his own to dispose of regardless of the other rights
what happened in the case of Lloyd
D took films, had intention of returning them without any changed state , it had not diminished in value therefore no intention to permanently deprive
three exemption of dishonest
s2(1)(a) genuine belief that they have legal right to property
s2(1)(b) genuine belief that the owner would consent if they knew of appropriation and circumstance of it
s2(1)(c) genuine belief that owner cannot be discovered by taking reasonable steps
situation where appropritation may be dishonest
S2(2) appropriation mahy be dishonest notwithstanding that he is willing to pay for the property
