Theft Model Answer (no If Relevants) Flashcards
D may be liable for theft, defined in Section… as the…
1 of the theft act 1968, dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.
The ACTUS REUS is the…
dishonest appropriation of property belonging to another.
APPROPRIATION can be an … or … (eg- … )
Outright taking, treating property as your own (eg- selling property (PITHAM and HEHL).
S. ..(..) states that it means the assumption of… and can take place even when…
S.3(1) the rights of the owner, the property is innocently acquired, if D then keeps/deals with it.
Other examples are…
Label swapping (MORRIS) and V consenting through deception (LAWRENCE, GOMEZ).
Under S. ..(..), PROPERTY can be… such as… or… such as things in… for example…
S.4(1), tangible money, intangible action, licenses and patents (AG OF HONG KONG v CHAN NAI-KEUNG).
Under S. ..(..) property BELONGING TO ANOTHER means…
S.5(1) the victim has possession or control of it (RICKETTS v BASILDON MAGISTRATES COURT)
For the MENS REA under S. .. D must be…
S.2 DISHONEST
The 2 stage test established in… is used.
IVEY v GENTING CASINOS (confirmed in BARTON and BOOTH)
Firstly, the jury must decide what was the actual…
knowledge or belief of D as to the facts (a subjective test).
Secondly, in that context, the jury must decide whether…
D’s behaviour would be regarded as dishonest by the reasonable, ordinary, decent person (an objective test)
Under S. ..(..) D must have an INTENTION TO PERMANENTLY DEPRIVE, which means…
S.6(1) Intention to dispose of or treat as your own (DPP v LAVENDER).
To conclude
