Theft- Property Flashcards
Information
Cannot be stolen. Oxford v Moss- student took exam paper, photographed it and returned it. Not guilty of theft because he returned it.
What are the 3 circumstances when land can be stolen?
A) where the D is in a position of trust and ‘appropriates the land..by dealing with it in breach of the confidence reposed in him or her’
B) can only be stolen by someone not in possession of it if that person severs something or appropriates it after it has been severed.
C) where a tenant in possession of land under a tenancy appropriates any fixture or structure let to be used with the land.
S4(3) things growing wild…
There is no theft if the thing severed is growing wild and is not for commercial purposes. Cultivated plants can be stolen.
S4(4) wild animals…
Wild animals cannot be stolen unless they have been tamed, they are not ‘property’.
Human body parts..
Generally a corpse cannot be stolen buy: Kelly and Lyndsey- an artist was allowed to draw preserved body parts by the Royal College of Surgeons. He took 40 parts home to understand death. Guilty of theft as they had been preserved for educational purposes.
S(4)1 property includes…
Money (any currency), real property land BUT only in 3 circumstances, personal property tangible things, things in action eg rights which can be enforced, intangible property eg shares
