Theft, Fraud, Making Off Without Payment Flashcards
Theft - AR - 3
Appropriation, Of Property, Belonging to Another
Theft - AR - Consent is irrelevant to appropriation
DPP v GOMEZ
Theft - AR - A valid gift can be an appropriation
R v HINKS
Theft - AR - The appropriation requires some personal contact or interference with the property, not just causing victim to use it in a way that benefits D
R v BRIGGS
Theft - AR - Can’t steal more than once, but appropriation can be continuous or instantaneous
R v ATAKPU
Theft - AR - Restriction - s.3(2) TA 1968
Not an appropriation for TA if:
i. You purchase for value
ii. You act in good faith (eg don’t buy at dodgy cheap price)
Watch out for discovering a gift is stolen!
Theft - AR - Things in action: intangible rights capable of legal enforcement – bank account balance, agreed overdraft
CHAN MAN-SIN v R
Theft - AR - Property is not… (1) Confidential Information / (2) Electricity
(1) OXFORD v MOSS
(2) LOW v BLEASE
Theft - AR - The property must belong to another at the time of the dishonest appropriation (ie not be a petrol station/restaurant case)
EDWARDS v DDIN
Theft - AR - Property may in fact be your own
R v TURNER (NO.2)
Theft - AR - Where you get property from another and have a LEGAL obligation to deal in a certain way, as against you it belongs to another
DPP v HUSKINSON
Theft - MR - GHOSH test (any crime with dishonesty MR)
i. Did D do something that is dishonest by the standard of ordinary, honest people?
ii. Did D know his action was dishonest by such standards?
Theft - MR - With taking cash, you intend to permanently deprive even if you intend to repay (due to exact notes and coins)
R v VELUMYL
Theft - MR - Treat item at own disposal regardless of Owner’s rights - Selling used underground tickets “disposing of regardless of rights”
R v MARSHALL
Theft - MR - Treat item at own disposal regardless of Owner’s rights - Stole correctly believing bank would reimburse company – this is also disposing of thing regardless of owner’s right
CHAN MAN-SIN v R
Theft - MR - Treat item at own disposal regardless of Owner’s rights - You can treat borrowing as Intention to Permanently Deprive if…
R v LLOYD
a. It is equivalent to outright taking or;
b. Returned thing is “spent” or “goodness is gone”
Fraud - s.2 Fraud Act 2006 - AR
- Making a representation
2. Which is False
Fraud - s.2 Fraud Act 2006 - AR - HOME OFFICE guidance on Misleading…
Less than wholly true and capable of interpretation to the detriment of the victim
Fraud - s.2 Fraud Act 2006 - AR - Representation by Credit Card
R v LAMBIE
Fraud - s.2 Fraud Act 2006 - MR
- Dishonestly
- Intention, by making the representation, to make a gain for himself/loss to another
- Knowledge/Recklessness as to the possibility that the representation is untrue or misleading
Making Off Without Payment - s.3(1) TA 1978 - AR
- Supply of Goods or Services
- D makes off from the spot where payment is required
- Without paying as required or expected
Making Off Without Payment - s.3(1) TA 1978 - MR
- Dishonestly
- Knowledge that payment on the spot was required
- Intention to avoid payment
Making Off Without Payment - s.3(1) TA 1978 - MR - Defence - Where D has obtained an agreement from the V that he will pay in the future
R v VINCENT
Making Off Without Payment - s.3(1) TA 1978 - MR - D not liable if D intends to return a pay later
R v ALLEN