Theft and Robbery Flashcards
what’s the definition of theft in s.1
‘person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it’
what are the three elements of the actus reus of theft
- appropriation
- property
- belonging to another
what is appropriation
‘any assumption by a person of the rights of an owner’
case for switching labels
R v Morris
case for selling property
R v Pitham and Hehl
cases for victim consenting to appropriation
- Lawrence
- R v Gomez
case for goods as gifts
R v Hinks
case for leaving empty handed
Corcoran v Anderton
what is property defined as + section
s.4 of Theft Act 1968 defines property as ‘property includes money and all other property, real or personal, including things in action and other intangible property’
definition of real property + example
refers to land and anything fixed to land
e.g. houses and buildings
definition of personal property + example
refers to physical/movable property other than land
e.g. books
case for personal property
R v Kelly and Lindsay - body parts were deemed as personal property
definition of things in action + example
refers to a personal property which can only be claimed/enforced by action, and not by taking physical possession
e.g. cheques
definition of intangible property + example
refers to property with no physical existence
e.g. computer file
cases for intangible property
- Marshall
- Oxford v Moss
what is the definition of belonging to another + section
S.5(1) - ‘property shall be regarded as belonging to any person having possession or control of it/or having in it any proprietary right or interest’
case for proprietary interest
R v Turner
what does s.5(3) state
where property has been given to the defendant to be dealt with in a particular way and this is not done, there can be theft
what does s.5(4) state
if defendant receives property as a mistake and fails to return it, he will be depriving the rightful owner
who does abandoned property belong to
no owner
what was established in R v Woodman
a person can be in control of property even though he doesn’t know that he posses it
what are the two elements for the mens rea of theft
- defendant was dishonest
- defendant must have an intention to permanently deprive the owner of the property
in which case was the new test for dishonesty outlined
Ivey v Genting Casinos 2017
what question does the jury have to answer in the test for dishonesty
‘has the defendants been dishonest by the ordinary standards of reasonable and honest people?’
