Theft & Fraud Flashcards
Following the case of DPP v Gomez, what will constitute ‘appropriation’ for the purposes of theft?
Any assumption of the rights of an owner, even where permitted, e.g. picking up goods in a supermarket.
Once you have appropriated property, will any subsequent assumption of rights be a further theft? Case.
No, you cannot steal twice - Atakpu.
Can ‘choses in action’ such as bank balance, overdraft facility, etc, constitute ‘property’ for the purposes of theft? Case.
Yes - Chan Man Sin.
Can ‘property’ include electricity? Case.
No - Low v Blease.
Can ‘property’ include confidential information? Case.
No - Oxford v Moss.
Can you steal your own property? Case.
Yes, if someone else holds it at the time - Turner.
When must the defendant be dishonest for the purposes of theft? Case. What other offence should be considered?
At the same time the property is appropriated - Edwards v Ddin. If AR & MR do not coincide, consider Making Off Without Payment.
What is the Ghosh test for dishonesty?
- Is D’s conduct dishonest by ordinary standards of reasonable people?
- Did D realise his conduct was dishonest by those standards?
Where the defendant has borrowed property and then returned it, what must occur for it to amount to a permanent deprivation? Case.
He must have exhausted all its value - Lloyd.
Has a defendant permanently deprived a victim of property if he replaces it with an identical item? Case.
Yes, because he has deprived them of that specific item - Velumyl.
Can a false representation be made where a defendant uses a credit/debit card when they have exceeded the limit? Case.
Yes - Lambie.
If you order to food and never intended to pay, is this a false representation?
Yes.
For Making Off, is there an intention to avoid payment if the defendant had an agreement with the victim to pay later? Case.
No - Vincent.
For Making off, is there an intention to avoid payment if the defendant intended to return to pay later? Case.
No - Allen.
