Theft

Question 1

Whats the AR?

Answer 1

Appropriating property belonging to another

Question 2

What section defines Appropriation and what as?

Answer 2

S 3 = ‘Any assumptions of the rights of an owner’

Question 3

What are 2 cases for appropriation?

Answer 3

Hinks = Gifts can still be theft
Gomez = 'an appropriation can happen even where there is consent'

Question 4

what section is property defined in and what as?

Answer 4

S 4 = includes money, real property, personal property, things on action and other intangible property
DOES NOT include information, dead bodies, wild animals and wild plants unless for commercial gain (Oxford v Moss)

Question 5

What section is belonging to another defined in and what as?

Answer 5

S 5 = Very wide term and a person can be in possession or control of the property. Turner
If the product is received under obligation it still belongs to the other. Davidge and turner
If the property is received by accident then there is an obligation to restore it to the owner.

Question 6

Whats the mens rea?

Answer 6

dishonesty + Intention to permanently deprive

Question 7

What are the 3 situations which are not dishonest?

Answer 7

1. Belief in law to deprive the other
2. Belief he had consent
3. cannot discover the owner by taking reasonable steps

Question 8

If the 3 situations don’t apply then whats the test used to find out dishonesty?

Answer 8

Ghosh test

1. Was the actions dishonest by the standards of reasonable and honest person?
2. Did the D realise that what he was doing was dishonest by those standards?

Question 9

what section is intention to permanently deprive in and what as?

Answer 9

S 6 = doesn’t need to be proved that D actually permanently deprived the owner of the property but had intention of doing so at the time of the appropriation!!