theft AR Flashcards
define theft act 1968
dishonestly appropriating property belonging to another with the intention of permanently depriving it
what is the AR of theft
the appropriation of property belonging to another
what is the MR of theft
D has made a dishonest appropriation
D only has to have intention doesn’t matter if doesn’t succeed
what is s3
what can amount to it
- appropriation
-any assumption of the rights of an owner amounts to appropriation
-appropriation can be consentual - a gift can be appropriation
Morris
hint -labels
D switched the price labels of 2 items and put the lower priced item in bag
WAS APPROPRIATION
Lawrence
hint - taxi
student spoke little English got a taxi off D. should of cost 50p D said not enough V opened his wallet and allowed D to take £6
WAS APPROPRIATION
POL- can be consented to
hinks
hint-building society
D befriended man w low IQ and took £60k out of mans building society acc and put in his own bank, V also gifted D a Tv set
WAS APPROPRIATION
POL- A gift can amount to appropriation
what can appropriation not be? add case to support
- cannot be a continuing act (AR and MR can’t coincide)
Atakpu &abrahams
D hired cars in Germany and Belgium using fake ID
what is s4
property
define property
-includes money, all other property, real/personal including thins in action and other tangible property
what are the 7 types of property
-real
-personal
-thing in action
-intangible
-plants and animals
-abandoned
-lost
what’s real property
which parts can/can’t be stole
-land
-land itself can’t be stolen unless taken by a trustee in breach of its duties
-items severed from land can be stolen
i.e digging up lawn, taking bricks, dismantle lawn
what’s personal property
inc e.gs
-usually money
-can be large items, ie.tanks or small ie. jewellery/ paper
-body parts if treated in some way ie. dissecting
- corpse = not property
kelly and lyndsay
D was a sculptor and asked L to take body parts from her college of surgery, D made money off parts
GUILTY
POL- body parts were property
what is a thing in action?
- a right that can be enforced
-the right can be stolen
-ie. right to a bank account, a cheque
what is intangible property?
can/ cannot be stolen
-things you can’t touch
ie. export quotas= can be stolen
-Knowlwdge and electricity= cant be stolen
Oxford v moss
D found the paper he was going to sit before an exam
NOT THEFT
POL- knowledge cannot be stolen
what are the standards for theft regarding plants and animals
what can/ cant be stole
- plants in wild cannot be stolen unless taken for reward/ sale/ commercial benefit
-wild creatures cant be stolen unless have been kept in captivity
ie. are property to be stolen if from zoo
not property to be stolen if wild on large estates
what is s5
belonging to another
what 3 things must the person have to prove it as ‘belonging to another’
- own
- possess
- control
what are the 2 exceptions
add brief e.g
-property may be controlled/ possessed by someone other than the owner and the appropriated from them
ie. owner gives X to B to borrow, someone then takes X off B
the object would have been appropriated off someone other than the owner who possessed or controlled the object at the time
-can steal own property if under someone else possession
turner
hint- garage
D took his car from garage without paying for the repairs that had been carried out
GUILTY
POL- can steal own property if under someone else’s possession or control
woodman
hint- metal
D sold scrap metal but small amount left behind on site which was stolen by D
NOT GUILTY
POL- impossible to steal property controlled/ possessed by another
what is s5(3)
property received under obligation
