Theft A01 Flashcards

1
Q

s.1of theTheft Act 1968

A

‘a person who dishonestly appropriates property belonging to another with intention to permanently deprive”

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2
Q

what section is appropriation

A

s.3

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3
Q

s.3(1)

A

‘any assumption by a person of the rights of an owner’

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4
Q

s.3(2)

A

taking, selling, using, destroying etc = appropriation

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5
Q

R v Morris

A

touching somebody’s property = appropriation (e.g: changing prices)

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6
Q

Lawrence v Met Police

A

can be with consent of vitcim (e.g: taxi driver taking too much money from passenger)

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7
Q

R v Hinks

A

gift of property can be appropriation (e.g: convincing a man of low IQ to withdraw money)

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8
Q

what section is property

A

s.4

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9
Q

s.4(1) says property includes

A
  • money
  • things in action
  • intangible property
  • all other property
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10
Q

R v Kelly and Lindsay

A

body parts are not property but when they are preserved they become property

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11
Q

Oxford v Moss

A

confidental information isn’t property unless it is physical (R v Akbar = paper)

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12
Q

s.4(2) says property doesn’t usually contain

A

land

UNLESS

things forming part of land (e.g: trees) are taken with no right

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13
Q

s.4(3) says property doesn’t include

A

mushrooms, flowers, fruit and foliagein the wild

UNLESS

they are taken for reward or commercial purpose

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14
Q

s.4(4) says property doesn’t include

A

wild animals

UNLESS

they have been tamed or kept in captivity

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15
Q

what section is belonging to another

A

s.5

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16
Q

s.5(1) says property belongs to

A
  • any person having possession or control over it

(not just the owner)

OR

  • any proprietary right or interest

(ownership)

17
Q

R v Dyke and Murno

A

collecting money from the public under the guise of charity and keeping it is stealing from the charity

18
Q

R v Marshall & Others

A

taking peoples underground tickets and selling them is stealing from London Underground

19
Q

R v Rostorn

A

abandoned or lost property may still belong to another (e.g: golf balls on course)

20
Q

R v Turner

A

a defendant can be liable for the theft of their property if the victim has acquired rights or an interest in the property (e.g: df taking car from the garage without paying for repairs)

21
Q

s.5(3)

A

a person retrieving property from another under an obligation to use it in a particular way it will be property belonging to another

22
Q

Davidge v Bunnett

A

an example of obligation to use property in a particular way (spent gas bill money on christmas gifts)

23
Q

s.5(4)

A

says that if you acquire property by a mistake then you have a legal obligation to make restoration intention to not make restoration will be seen as intention to deprive

24
Q

R v Gilks

A

there is no legal obligation to pay back money given by a mistake in a betting shop (exception to 5(4)

25
what section is dishonesty
s.2
26
s.2 (1)(a) - not dishonest if:
belief that they have a legal right to it/belongs to them
27
s.2 (1)(b) not dishonest if:
belief that the owner would consent in the circumstances
28
s.2 (1)(c) not dishonest if:
 abandoned property (cannot trace the owner)
29
Ivey v Genting Casinos
objective test for dishonesty, using the ordinary reasonable man
30
s.2(2)
willingness to pay doesn't prevent the defendant from being dishonest
31
what section is intention to permanently deprive
s.6
32
s.6(1) says that the following constitutes intention to permanently deprive:
- keeping the property - borrowing or lending - treating the property as their own - disposing of it or diminishing the value - R v Lloyd
33
R v Velumyl
the defendant couldn’t return the exact bank notes