Theft A01 Flashcards
s.1of theTheft Act 1968
‘a person who dishonestly appropriates property belonging to another with intention to permanently deprive”
what section is appropriation
s.3
s.3(1)
‘any assumption by a person of the rights of an owner’
s.3(2)
taking, selling, using, destroying etc = appropriation
R v Morris
touching somebody’s property = appropriation (e.g: changing prices)
Lawrence v Met Police
can be with consent of vitcim (e.g: taxi driver taking too much money from passenger)
R v Hinks
gift of property can be appropriation (e.g: convincing a man of low IQ to withdraw money)
what section is property
s.4
s.4(1) says property includes
- money
- things in action
- intangible property
- all other property
R v Kelly and Lindsay
body parts are not property but when they are preserved they become property
Oxford v Moss
confidental information isn’t property unless it is physical (R v Akbar = paper)
s.4(2) says property contains
- land
- things forming part of land
s.4(3) says property includes
mushrooms, flowers, fruit and foliagein the wild
UNLESS
they are taken for reward or commercial purpose
s.4(4) says property includes
wild animals
UNLESS
they have been tamed or kept in captivity
what section is belonging to another
s.5
s.5(1) says property belongs to
- any person having possession or control over it
(not just the owner)
OR
- any proprietary right or interest
(ownership)
R v Dyke and Murno
collecting money from the public under the guise of charity and keeping it is stealing from the charity
R v Marshall & Others
taking peoples underground tickets and selling them is stealing from London Underground
R v Rostorn
abandoned or lost property may still belong to another (e.g: golf balls on course)
R v Turner
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)
s.5(3)
a person retrieving property from another under an obligation to use it in a particular way it will be property belonging to another
Davidge v Bunnett
an example of obligation to use property in a particular way (spent gas bill money on christmas gifts)
s.5(4)
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
R v Gilks
there is no legal obligation to pay back money given by a mistake in a betting shop
what section is dishonesty
s.2
s.2 (1)(a)- not dishonest if:
belief that they have a legal right to it/belongs to them
s.2 (1)(b)not dishonest if:
belief that the owner would consent in the circumstances
s.2 (1)(c) not dishonest if:
abandoned property (cannot trace the owner)
Ivey v Genting Casinos
objective test for dishonesty, using the ordinary reasonable man
s.2(2)
willingness to pay doesn’t prevent the defendant from being dishonest
what section is intention to permanently deprive
s.6
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
R v Velumyl
the defendant couldn’t return the exact bank notes
