theft gpt Flashcards
Theft under Theft Act 1968
Dishonest appropriation of property belonging to another with the intention to permanently deprive them of it.
Actus Reus
Dishonest appropriation of property belonging to another.
s3 appropriation
defined in vinal as
any assumption of the rights of owner
includes. - physical taking , picking / destroying item
morris
- defined it doesn’t have to be assumption of all rights of ownership
- gomez
- can be consent to appropriate, can’t be deception
Property s4
Includes money, tangible (real/personal), or intangible property.
Exceptions: Land, wild plants, and animals (with limits).
Oxford v Moss: Information is not property.
Belonging to Another (Section 5)
Ownership, possession, or control.
Can’t steal abandoned property (Woodman).
mens rea
dishonesty
intention to permanently deprive
Dishonesty s2
Not dishonest if:
if they honestly believe they have Legal right to property (Turner).
honestly believe owner would consent(Holden).
honestly believe owner cannot be found having taken reasonable steps (Small).
Test from Barton and Booth:
Objective: Was it dishonest according to ordinary, decent people?
Subjective: Did the defendant know they were being dishonest?:
Intention to Permanently Deprive s6
Intend to take forever or remove value (Lloyd).
Applies even if not intending to return the same property (Velumyl).
sections
actus reus
- s3 - appropriation
- s4 - property
- s5 - belonging to another
mens rea
- s2- dishonesty
- s6 intent to permanently deprive