Theft- Intention Flashcards
Case of lavender
D indented to treat the property as their own to dispose of regardless of others rights.
D removed council doors from his gf flat and swapped then for doors from another flat. Guilty of theft.
Cases of Bagshaw and Lloyd
Borrowing may amount to testing the property as there own to dispose of for a period of time and in circumstances which make it an outright taking. This includes returning it will all its goodness gone.
Bagshaw- empty gas cylinders
Lloyd- made illegal copy of film then retuned it to the cinema in time for the next showing. Conviction quashed.
Examples of where a person takes an unacceptable risk with the property of another.
Gambling with it or pawning it
Case of velumyl
It is no defence to return similar property.
D took money from a work till intending to replace it. Guilty because he did not intend to return the same notes.
What is conditional intent?
A person has conditional intent if they intend to steal providing certain conditions are met. Not enough for theft.
Easom- D picked up a bag in the cinema, rummages through it then put it back. Conviction was quashed as no evidence of intention to permanently deprive.
Does the victim need to be permanently deprived?
No, as long as D intended permanent deprivation. Sometimes this is obvious when the D destroys or sells the property.
Dishonest borrowing, even without permission is not theft.
