Theft - Paper 1 Flashcards
Where is the definition of Theft found?
S.1 Theft Act 1968
What is the definition of Theft?
The dishonest appropriation of property belonging to another, with the intention to permanently deprive
What is the actus reus of Theft?
The appropriation of property belonging to another
S.3 defines appropriation as what?
Assuming the rights of an owner
Which case held that any interference with the owner’s rights is enough?
Morris
What was held in Gomez?
The appropriation must be dishonest
Which case held an appropriation can occur even with the owner’s consent
Lawrence
What was held in Hinks?
You can still appropriate property even if you receive it as a gift
What are the four types of property under S.4?
1) Money
2) Personal Property
3) Intangible Property
4) Real Property
Which four things will not be classed as property under S.4?
1) Electricity
2) Wild fruit/plants (unless sold)
3) Wild animals (unless in captivity)
4) Knowledge (Oxford v Moss)
What does S.5(1) define belonging to another as?
Property belongs to a person if they have possession or control over it, or a right or interest in it
Which case held that you can steal your own property?
Turner
Who does lost property belong to?
The original owner as they still have a right or interest in it
Who does abandoned property belong to?
If property is truly abandoned it has no owner and anyone who takes it will not be liable for theft
What was the decision in Basildon?
Bags left outside a charity shop will be considered as belonging to the original owner until the shop opens
Which case held that you must use money for the purpose it was intended?
Davidge v Bennett
What must you do with money you receive by mistake?
You are under an obligation to return the money (AG’s Ref)
What is the mens rea of Theft?
Dishonesty and an Intention to Permanently Deprive
What are the three negatives under which D will not be dishonest?
1) D believes they have a right in law to the property (S.2(1)(a))
2) D believes the owner would have consented to the taking (S.2(1)(b))
3) D believes the owner cannot be discovered by taking reasonable steps (S.2(1)(c))
Which cases established and confirmed the dishonesty test?
Established in Ivey
Confirmed in Barton & Booth
What does the dishonesty test ask?
Was D dishonest by the standard of an honest and reasonable person?
What does S6(1) defines intention to permanently deprive as?
D intends to continue to treat the property as if it is their own, regardless of the owner’s rights
Which case held you still have ITPD even if you intend to replace stolen property?
Velumyl
What was the decision in Lloyd?
If you give property back, but have taken the ‘goodness, value, and virtue,’ this is an ITPD
