Theft Answer Format (AO2) Flashcards

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1
Q

What are briefly the 5 parts of application in AO2

A

-How did the D assume the rights of the owner?
-What was the property? Was it considered property under the act?
-Who was the owner of the property? Who was in possession, control or ownership of it at the time?
-Was D dishonest? How do we know this?
-Did the D intend to permanently deprive the V of their property?

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2
Q

What must be looked at in part 1/5 of application? with an example

A

-How did the D assume the rights of the owner?
EXAMPLE: The D assumed the rights of owner when he took the purse out of the Vs handbag, D assumed the rights of owner when he switched the price on the jeans in the shop

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3
Q

What must be looked at in part 2/5 of application? with an example

A

-What was the property? Was it considered property under the Act?
EXAMPLE: the purse was personal property of V, the V only photographed the exam paper so he only took the knowledge which is not property under theft, etc.

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4
Q

What must be looked at in part 3/5 of application? with an example

A

-Who was the owner of the property? Who was in possession, control or ownership of it at the time?
EXAMPLE: the jeans belonged to the shop, the purse belonged to V, D’s car belonged to the garage whilst they were carrying out the repairs, etc.

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5
Q

What must be looked at in part 4/5 of application? with an example

A

Was D dishonest? How do we know this?
EXAMPLE: D was not acting dishonestly because he thought his mum (the owner) would consent to him taking money out of her purse, D was acting dishonestly because he hid the can of beans under his jacket when he left the supermarket, etc.

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