Theft- Appropriation Flashcards
What is section 3(1)
Assuming rights of ownership, this includes selling, keeping, lending and taking.
Later assumption of a right- if D later realises property is not his and keeps it this can be theft.
Pitham v Hehl
What is section 3(2)?
Where property is purported to be transferred for value to a person acting in good faith, no later assumption by him of the rights of the owner will amount to theft. Only applies where goods bought for a value and in good faith and D believed he had bought the right to sell it.
A thief only needs to assume one right of the owner. Which case demonstrates this?
R v Morris- D substituted lower price labels on goods. Held- guilty because there need not be an appropriation of all rights of the owner.
What is the current law on appropriation with the consent of the victim?
There can be appropriation and theft even when the D is only doing what he is allowed to do.
Lawrence
Gomez (upheld Lawrence)
Case of Lawrence
Student paid for a 50p taxi with a £1 note. Driver said this was not enough and took £6 when the student offered him his wallet. Guilty of appropriation with consent.
Case of Gomez
D sold £17000 worth of goods to an accomplice using dodgy cheques. Guilty of appropriation after an appeal as Lawrence states appropriation may be done with consent.
Case of Atakpu
Appropriation is usually a one off occurrence not s continuing process. D hired cars in Germany using fake IDs. They were arrested at Dover but the conviction was quashed because appropriation was when they obtained the cars in Germany- outside English court jurisdiction.
What doe civil law say about appropriation?
Ownership of goods passes unless there is deception or fraud.
S1 Theft Act 1968 definition
To dishonestly appropriate property belonging to another with the intention of permanently depriving another of it.
