Theft Flashcards
Intro
S.1 Theft act 1968
Triable either way offence
7 years max
Appropriate
Pitman V Helh
Appropriation as a right to sell is the right of the owner
Appropriate
R V Morris
It is enough for prosecution if they prove an assumption of any owner of the goods in question
Appropriate
Lawrence v MPC
Appropriation can happen with the owners consent if D goes beyond it.
Property S.4 theft act 1968
What is property
S.4 lists things considered property
- Tangible currency
- Anything tangible
- Bank accounts
Property s.4 cannot be stolen
Items that cannot be stolen under s.4
- Wild berries
- Wild animals
- Wild flowers
- Electricity
Property
Oxford v Moss
Confidential information cannot be stolen
Property
Kelly v Lindsey
Body parts can be stolen as they were donated for medical research
Belonging to another s.5 theft act 1968
R v Turner
Garage held an equitable interest of the car at the time of the theft
D was guilty of stealing his own car
BTA
S.5(3)-obligation
Davidge v Burnett
Obligated to spend on gas money but spent money on presents.
BTA
S.5(4)-mistake
AG Ref 1 of 1983
D has a duty to restore
Dishonestly s.2 theft act 1968 lists when a person is not dishonest
S.2(1)
- Believe the property is yours
- Believe you have owners consent
- Took reasonable steps to find the owner and believe they cannot be found
Dishonest
R v Ghosh
2 stage text
- Did D believe his actions were dishonest by the ORM - subjective
- Did the OR and honest man believe D was dishonest? - objective
Dishonest
Ivey v Genting Casinos
Ghosh test is currently under review
Intention to permanently deprive s.6 theft act 1968
R v Velumyl
Deprived company of exact bank notes even if he had the intention to restore them.
