(THEFT) G153 - Property Flashcards
Statute, section and definition
S1 theft act 1968 - to dishonestly appropriate property belonging to another with intention of permanently depriving another of it
S3 appropriation what is it? Pitham & Hehl Morris Laurence Gomez Atakpu
S3(1) assuming rights of the owner including selling, keeping, lending and taking
PITHAM&HEHL; D was looking after friends flat and sold his furniture
MORRIS; D swapped labels on products in a store, need to assume one right of the owner for appropriation
LAWRENCE; there can be appropriation with consent- driver took more money from a student than he needed for a taxi ride
GOMEZ; D sold things to accomplice with dodgy cheques , appropriation with consent
ATAKPU; appropriation is usually a one off occurrence not a continuing process - Ds hired a car in Germany and drove them to England but not guilty as they had stolen them in Germany and kept driving them to England
S4 property What is property What isn't property Oxford v moss Kelly & lyndsay
S4(1) property includes; money, real property, personal property things in action, intangible property
S4(2) property doesn’t include;
•Information
OXFORD V MOSS- student took exam paper photographed it and returned it not theft because he gave it back
•land - can’t be stolen unless the D is in a position of trust, can only be stolen by someone not in possession of it if they sever something
•things growing in Wild - s4(3) no theft if thing severed is growing in Wild and not taken for commercial purposes
•wild animals- s4(4)
•human body parts - kelly & lyndsay artist took human body parts to understand death guilty theft because they had been preserved for educational purposes
S5 belonging to another Turned Collinson R v Basildon mags Hall Da budge and bunnett Gilks AG Ref no1 1983
S5(1) property appropriated must belong to another
•Owners can be liable for stealing their own goods if they’re stealing from someone with lawful possession TURNER D stole his car when he took it from garage without paying for repairs
•abandoned property can’t be stolen COLLINSON d guilty of stealing golf balls when he thought they were abandoned but they belonged to the golf club
RV BASILDON MAGS taken bags from outside a charity shop not abandoned because they were In Possession of the charity
•receiving property for particular purpose s5(3) HALL D took money for tickets from clients and was unable to sort the tickets - not guilty theft as he didn’t have to deal with money in particular way
