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A-Level Law > - Theft > Flashcards

- Theft Flashcards

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1
Q

Pitman v hehl 1977

A

Facts: D offered furniture for sale belonging to someone else

Ration: assumption of any rights of the owner

AR/MR: Actus Reus- section 3 (1) Theft Act 1968

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2
Q

Morris 1983

A

Facts: D switched price labels and used the cheaper tag, arrested before he went through checkout

Ratio: Assumption of any rights of the owner

AR/MR: Actus reus- Section 3 (1) Theft Act 1968

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3
Q

Lawrence 1971

A

Facts: D stole £6, V had consented to D taking money by opening his wallet

Ratio: Consent to appropriation- a appropriation can still take place notwithstanding consent

AR/MR: Actus Reus- consent to the appropriation

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4
Q

Gomez 1993

A

Facts: D used payments using 2 stolen cheques

Ratio: assumption of any rights to the owner

AR/MR: Actus Reus- S.3 Theft Act 1968- appropriation

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5
Q

Hinks 2000

A

Facts: D accepted daily cash payments from V, V believed them to be ‘gifts’ amounting up to £6000

Ratio: consent without deception/consent to appropriation

AR/MR: Actus Reus- consent to appropriation

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6
Q

Kelly and Lindsay 1998

A

Facts: D’s stoke body parts belonging to a science college, to make casts out of them

Ratio: Medical/Science used corpse’ are established as property- ‘Property’

AR/MR- Actus Reus- S.4 “Property”

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7
Q

Oxford v Moss 1979

A

Facts: D acquired a proof of an exam paper he was due to sit

Ratio: charged of theft of confidential information, not theft as he didn’t ‘permanently deprive’- case quashed

AR/MR: Actus Reus- S.4 “intangible property”

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8
Q

Turner No2 1971

A

Facts: D took his car from a repairs garage (Parked outside) without paying for repairs

Ratio: COA rules garage was in possession of car, they have the right to hold property until repairs are paid (repairers lien)

AR/MR: Actus Reus- S.5(1) “possession or control”

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9
Q

Webster 2006

A

Facts: D sold a second army medal on eBay he was sent by mistake

Ratio: Ministry of Defence still had proprietary interest in property

AR/MR: Actus Reus S.5 “proprietary interest”

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10
Q

Hall 1972

A

Facts: D took payments (travel agent) and didn’t organise tickets and kept the money received

Ratio: Convicted of theft, on appeal case was quashed as when D received deposits he was not under obligation to deal with them in a particular way

AR/MR: Actus Reus- S.5 “property received under obligation”

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11
Q

Kleinberg and Marsden 1999

A

Facts: D received £500,000, only paid £233 into independent trust company to keep for owners

Ratio: D guilts if theft as they were under an obligation ‘to retain and deal with property properly’

AR/MR: Actus Reus- S.5 “property received under obligation”

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12
Q

Gilks 1972

A

Facts: D received overpayment for a bet he won. D did not return money

Ratio: Not guilty of theft as D was passed money by owner and section. 5(4) did not apply therefore not guilty

AR/MR: Actus Reus S.5 “property received by mistake”

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13
Q

Ghosh 1982

A

Facts: D claimed money for operations he did not carry out

Ratio: Convicted of theft as he was dishonest, FORMED the Ghosh test

AR/MR: Men’s Rea S.1 - test for dishonesty

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14
Q

Ivey v Genting Casinos 2017

A

Facts: D didn’t receive full casino winnings, D was found to have cheated to win, therefore casino didn’t pay out

Ratio: Formed new test for ‘dishonesty’ by the Supreme Ct. - D was dishonest by cheating to win

AR/MR: Men’s Rea- S.1- New test for dishonesty

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15
Q

Velumyl 1989

A

Facts: D took money claiming he intended to return it

Ratio: Convicted of theft as he had the intention to permanently deprive money from company

AR/MR: Men’s Rea S.6 “borrowing or lending”

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16
Q

Lloyd 1985

A

Facts: D received a copy of film to make an illegal copy, D returned film in time for the next screening

Ratio: Not guilty of theft as it could not be proven D had intent to ‘permanently deprive’

AR/MR: Men’s Rea S.6 “borrowing or lending”

17
Q

Davidge v Bunnett 1984

A

Facts: D received money to pay for gas bill, used to buy christmas presents instead

Ratio: Guilty of theft as she was unddd legal obligation to deal with the money in a particular way

AR/MR: Actus Reus- S.5 “property received under obligation”

A-Level Law (4 decks)

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