Theft Cases Flashcards
Selling property
PITHAM and HEHL
Label swapping
MORRIS
V consenting through deception
LAWRENCE, GOMEZ
If relevant: gift made with consent, without deception, obtained through coercion
HINKS
If relevant: D leaves the property behind having taken it
CORCORAN and ANDERTON
Licences and patents
AG of Hong Kong V Chan Nai-Keung
If relevant: Confidential information
OXFORD v MOSS
If relevant: Electricity
LOW v BLEASE
If relevant: Used for exhibition/teaching purposes
KELLY and LINDSAY
If relevant: Bodily fluids can be stolen
WELSH
Property belonging to another means the victim has possession or control over it
RICKETTS v BASILDON MAGISTRATES COURT
If relevant: Under an obligation to retain and deal with a property in a particular way, that property is regarded as belonging to another
DAVIDGE v BUNNETT, HALL
If relevant: ‘Proprietary interest’
WEBSTER
If relevant: Stealing their own property, of its temporarily in the possession of another
TURNER
If relevant: Abandoned property
WOODMAN
Dishonest 2-stage test established in … recently confirmed in …
IVEY v GENTING CASINOS confirmed in BARTON and BOOTH
If relevant: Honest belief he has a legal right to it
SMALL and HOLDEN
If relevant: Honest belief that the owner would consent
HOLDEN
If relevant: Honest belief doesn’t have to be reasonable, just honest
BOGGELN v WILLIAMS
Intention to dispose of or treat as your own
DPP v LAVENDER
If relevant: sell or ransom property back to V
RAPHAEL
If relevant: replace with identical property NOT IPD providing its absolutely identical
VELUMYL
If relevant: Intention to remove value
LLOYD
If relevant: intention to abandon property NOT IPD
MITCHELL
If relevant: conditional intention to deprive is not an IPD
EASOM
If relevant: D intends to part with the property, to be returned under a condition which may not be able to be performed
FERNANDES
