Theft Flashcards
What is Theft
D dishonestly appropriates property belonging to another with the intention of depriving the other of it
Which statute defines Theft
s1 (1) Theft Act 1968
Which statute defines Appropriation and what is the definition
s3 Theft Act 1968
Assumption of rights of the owner
Name two cases of Theft
McPherson[1973]
Rights of owner include taking, selling, giving away or destroying
Morris [1983]
Changing price labels was adverse interference
Name a case where there was deception
Gomez [1993]
Consent obtained by deception is not true consent
D assumed one of the rights of an owner but not all
Name a case where a gift was appropriated dishonestly
Hinks [2000]
Appropriation can be established even if valid gift
If person receiving property is dishonest when he buys or receives the property is guilty of theft
When does the mens rea of theft occur
When the theft is complete
Three situations where a person is not dishonest
Has a right to deprive
Would have consent
Cannot discover true owner
Two cases of dishonesty
Gilks [1972]
Not dishonest if D believes he is honest -
Subjective
Feely [1973]
Apply standards of ordinary and decent prople
Most recent case relating to Theft
Ivey v Genting Casino [2017]
Edge-sorting - Oceans 11
Breached implied contract with casino - cheating
Didn’t follow subjective test in Ghosh
What is the Ghosh [1982] test
CoA held test for dishonesty had two parts
Guilty if yes to both
Objective test - whether according to ordinary standards of reasonable and honest people what was done was dishonest
Subjective test - If it was dishonest by those standards whether D must have realised that what he was doing by those standards was dishonest
Criticism of Ghosh Test
Adds clarity
Inconsistent verdicts
Should be a question of law not jury
Appropriation and dishonesty - controversial
