Theft A/R Flashcards
What is the A/R for Theft?
Dishonest appropriation of property belonging to another with the intention of permanently depriving.
What is Appropriation defined as? S.3(ON EXAM)
This is defined as any assumption by a person of the rights of an owner. ‘’Where he has come by the property innocently or not) without stealing it
What was held in the case of R v Lawrence 1972?
Italian Student and taxi driver. D was convicted since the four required elements were present at the time of the act
(i) Dishonest
(ii) Appropriation
(iii) Property belonging to another
What was held in the case of R v Morris 1983?
Time of interference of property (label swapping) – Act of swapping labels is something in which only the owner was authorised to do.
What was held in the case of R v Gomez 1993?
Assistant manager knew and accepted of fake cheques. Supreme Court – still amounted to theft, appropriation does not have to be blameworthy
What was held in the case of R v Hinks 2001?
Women took money from individual with special characteristics – she never touched card or cashpoint. Argued as a gift – Argued as an individual to appropriate gift where the other person makes them an infeasible gift of property – mens rea ties in.
What is the definition of property?
There are four categories of property - Tangible property
- Intangible property (intellectual property)
- Land
- Wild animals, domestic pets
What was held in the case of Oxford v Moss 1978?
School student borrowed exam paper but returned it - no intention to permanently deprive.
Information is not a form of property, protected by injunction but not theft offences.
What are key notes to pinpoint about property in relation to theft?
Electricity cannot be stolen, requires specific special act s.13 of Theft Act 1968
You cannot steal body parts unless they are used for educational purposes – s.4 of the Theft Act 1968
What is the definition for belonging to another s.5?
Property belonging to any person having possession or control of it, having any proprietary right or interest.
What was held in the case of R v Turner 1971?
Until payment was made, garage had lien over car as garage parts were used to fix car (driver attempted to get away with car)
What was held in the case of Hibbert v Mokiernan 1948?
The owner of land will have control of property lying on that land, even if they are unaware of it (d accused of stealing car)
What was held in the case of Edwards v Dolin 1976?
There is no conviction for theft of petrol in which has already been put into the tank – contract law – ownership possession when petrol enters tank.
What about abandonment of property?
R v Basildon Magistrates Court 2010 - Charity leaving stuff outside. Permissible to infer with the charity shop waste either could’ve been kept and resold these items or dispose of them is still classified as full ownership.
What are the three situations where D will not be said to have been dishonest?
Where D believes;
- He has legal right to the property
- He has consent of the person to whom the property belongs
- The person to whom the property belongs cannot be traced by taking reasonable steps
