Theft And Robbery Cases Flashcards
HOLDEN
s2(1)(a) - not appropriation if D believes he has a legal right
SMALL
S2(1)(c) - not dishonest if D believed it could not be returned or discovered by taking reasonable steps
R V BARTON AND BOOTH
Jury must decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest
R V MORRIS HL
Assuming any rights of the owner would be appropriation
R V PITHAM
By offering to sell they had assumed the rights of the owner and so had appreciated the furniture
LAWRENCE V MET PLOD
An appropriation can take place even if the owner has consented if there is deception
R V GOMEZ
An appropriation can take place even if the owner has consented if there is deception
R V HINKS
There can be an appropriation even when the owner consents to the taking even that consent has been obtained without deception as long as there is evidence that D is dishonest
OXFORD V MOSS
Trade secrets cannot be stoned. The laws of copyright and patent would have to be relied on
TURNER
a person can be convicted of stealing his own property if others have the right over it
WOODMAN
It is possible for someone to be in possession or control of property even if they didn’t know it was there
If D believes property has been abandoned then there is no theft as it does not belong to anyone
AG REFERENCE
Being overpaid and not returning the money is theft
LLOYD
No ITPD means no theft
R V VELUMYL
Intending to return similar or even identical properties not the same as returning the actual property and is theft
CORCORAN
Brother is complete when as has appropriated the proper but there is no requirement that D succeeds in getting away with the property
