Theft Flashcards
Where is theft defined?
In the theft act 1982
What is the max sentence for theft?
7 years
What is the definition is theft?
S.1 the dishonest appropriation of property belonging to another with the intention to permanently deprive.
What does s.2 state
Dishonesty
What does s.3 state?
Appropriation
What does s.4 state?
Property
What does s.5 state?
Belonging to another
What does s.6 state?
Intention to permanently deprive
What are the cases for appropriation?
Pitham v helm R v Morris R v Lawrence R v Gomez R v Hinks
Why are the cases for property
Velumyl
R v Kelley
Oxford v Moss
AG ref v chain nai
What are the cases for belonging to another?
Turner Woodman Webster R c basis on mags court Davidge v bennet
What is the case for dishonesty
Ivey c Genting
What is the case to permanently deprive?
Lloyd
Pitham v Hehl
D sold furniture belonging to another. Held this was appropriation, the offer to sell was an assumption of the rights of the owner
R v Morris
D switched price of labels on items and put lower price item in bag. Did not go though checkout.
Held it was the oweners rights to put a price on labelled goods had been assumed
R v Lawrence
Italian student got in a taxi and journey should of cost him 50p. D reached into his wallet and took more money.
Held appropriation, did not matter wether he consented the consumes rights of the owner via fraud
R v Gomez
D a shop assistant persuaded manager to accept payment of checks which he knew were stolen.
Held appropriation, there does not need to be an element of adverse interference by D
R v Hinks
D befriended a naive man with low IQ. D accompanied him to withdraw money which was placed into her bank account.
Held despite property being a gift this can still be appropriation
Velumyl
D a company director took money from company’s safe and claimed he intended to return it.
Held unless it was the exact notes this was intention to permanently deprive
R v kelly
D an artist asked Lindsey to remove body parts from collage
Held body parts are propert if they have acquired different attributes by virtue of application of skill
Oxford v Moss
D a student took exam paper with intention of returning paper having used the info gained to cheat on exam
Held confidential info on paper did not amount to intangible property
AG ref for Hong Kong c chai nai
D sold export quotas to another company at reduced rate.
Held export quotas although not ‘things in action were a form of intangible property because they can be freely sold and bought
Turner
D took his car to service station for repairs and took car without paying
Held liable as car regarded to service station as they were in possession and control of it
Woodman
D took scrap metal from factory, occupiers put fence up by unaware of scrap metal
Held a person had possession of any property of land even if they are not aware property exists
Webster
D an army sergeant awarded medal but recieved 2 and sold one on eBay.
Held guilty as ministry retained a proprietary intent in medal
R v Basildon mags court
D took bags of donations outside charity shop and things from bus outside shop
Held bags in front of shop and in bins belonged to the shop
Davidge v bennet
D recieved checks from flat mates to pay the gas bill. D spent money on Christmas presents
Held guilty as under obligation to apply money for bill
Ivey v Genting
D a professional gambler could not recover winnings after allegedly cheating
Held just make certain the state of D’s knowledge or beliefs to facts must determine wether his conduct was dishonesty by applying objective standards
Lloyd
D worked in cinema and took films out and returned them in time for viewing
Held d returned film in original state. The goodness or practical value of film go owner has gone
