Theft Ch8 Y2 Flashcards
What is the defintion of theft, and the act and section that contains it?
Dishonestly Appropriate property belonging to another with the intention to permanently deprive the other of it.
S1 of the Theft Act 1968
In which sections of the act are the definitions of each part of theft defined?
S2 - Dishonestly
S3 - Appropriate
S4 - Property
S5 - Belonging to another
S6 - Intention to permanently deprive
What is the definition of an Appropriation and which subsection contains it?
S3(1) states that an appropriation is “Any assumption of the rights of the owner”
What does R v Vinall illustrate?
That at least 1 right of the owner must be appropriated
What does R v Morris illustrate?
That not all of the rights of the owner must be appropriated
What does R v Pitham and Hehl illustrate?
That an offer to sell is a right of the owner, and therefor can be an appropriation
What does Lawrence V Met Police illustrate?
An appropriation takes place regardless of whether the owner consents
What does R v Gomez illustrate?
Removal of goods from a shelf in a shop is an appropriation
What does R v Hinks illustrate?
Recieving a gift is an appropriation
What does R v Atakpu and Abrams illustrate?
An appropriation occurs the first time D assumes a right of the owner
What does S3(1) state?
that there can be a later assumption of a right.
What are the 5 types of property, and where are they defined
S4(1) lists:
1) Money
2) Real Property
3) Personal Property
4) Things in Action
5) Other Intangible Property
What is the definition of Money?
Coins and notes of any currency
What is the definition of Real Property?
Land, Buildings or anything which would have to be “severed” from the land or building
What is the definition of Personal Property?
Any moveable object
What is the definition of Things in Action?
Bank cards, accounts, and cheques
What is the definition of other Intangible Property?
intellectual Property
What things cannot be stolen?
Confidential Info
“Things growing wild” unless grown, or harvested for commercial purposes
What does Oxford v Moss illustrate?
Confidential info can not be stolen
What are the 2 ways in which property may belong to someone and in which section are they listed?
S5(1) states belonging to another to mean
a) possession or control
b) a proprietary interest
What does R v Morris illustrate?
You can steal your own property.
What does R v Woodman illustrate
You can be in possession of property without being aware of it
What does Ricketts illustrate?
Goods left for someone are the property of the original owner until the new owner takes possession of it.
goods in a bin are the property of the original owner.
What does R v Webster illustrate?
you can steal your own property if another person has a proprietary interest in it
What does R v Hall illustrate?
deposits paid into a general bank account and there was therefore not an obligation to deal with the deposit in a particular way
What does R v Klineberg and Marsden illustrate?
Deposits paid into a deposits account must be retained and dealt with in a particular way.
What does Davidge V Bunnett illustrate?
There can be obligation to deal with property in a specific way in less formal situations.
What does AG’s Reference 1 illustrate?
Property recieved by mistake must be returned when it is realised
What does S1(2) state?
It is immaterial whether the appropriation was made with a view to gain, or for the theifs own benefit.
what are the 3 ways in which behaviour is not considered dishonest, and which subsections are they listed in
D is not dishonest if he had a belief, regardless of if it is reasonable or correct that
S2(1)(A): He has a right in law to deprive the other of it
S2(1)(B): the owner would have consented if they knew of the appropriation.
S2(1)(C) the owner cannot be found by taking reasonable steps.
Name the Three cases that illustrate each of the three ways behaviour can be not considered dishonest.
R v Small: right in law to deprive the other of it
R v Holden: other would have consented
R v Robinson: owner cannot be found by taking reasonable steps.
What does S2(2) state?
an appropriation may be dishonest not withstanding that he is willing to pay for the property.
what is the ivey test?
What was the defendants actual knowledge? (ie. did he think it was dishonest)
Would his behaviour be considered dishonest in the eyes of an ordinary, standard decent person?
What does R v Velumyl illustrate?
taking money, intending to replace it later is still intention to permanently deprive as it would not be the exact same coins and notes.
What is the definition of Intention to Permanently Deprive mean?
intention to treat the thing as his own to dispose of
What does r v Lavender illustrate?
that the dictionary definition of “dispose of” is to stringent and that it should mean to deal with the thing as his own
what does S6 state in reference to borrowing?
It is not intention to permanently deprive unless its for a period, and in circumstances eqivalent to an outright taking or disposal.
What does R v Lloyd illustrate?
it is intention to permanently deprive if the thing is borrowed and then kept until the goodness, the virtue and the practical value has gone.
