Theft Answer Format (AO2) Flashcards
What are briefly the 5 parts of application in AO2
-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?
What must be looked at in part 1/5 of application? with an example
-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
What must be looked at in part 2/5 of application? with an example
-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.
What must be looked at in part 3/5 of application? with an example
-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.
What must be looked at in part 4/5 of application? with an example
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.