UNIT4 THEFT AND ROBBERY Flashcards
What is the definition of theft?
“dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”
What is the first element of the actus reus of theft?
Appropriation.
What section is the first element of theft defined in?
Appropriation is defined in s3 Theft Act 1968
What is the definition of “appropriation”?
“any assumption of the rights of an owner”
What does (R v) Morris show?
D only needs to assume one of the owner’s rights.
What does s3(1) say?
Appropriation includes coming across the property innocently at first and later assuming the rights of the owner.
What is the legal principle of Lawrence v MPC? (s3)
Even if the victim consents there can still be appropriation.
What is the legal principle of (R v) Hinks? (s3)
Even acceptance of a valid gift may sometimes amount to an appropriation.
What is the second element of the actus reus of theft?
Property.
What section is the second element of the actus reus of theft found in?
Property is explained in s4(1) Theft Act 1968
What is property listed as?
Money (physical cash) Real property (land) Personal property Things in action (cheques, debt) Intangible property (copyright)
What does s4(2) say?
Real property can only be stolen when:
- someone severs anything considered part of the land from the land
- a tenant takes a fixture or structure from the land let to him
- someone legally entrusted to look after the land abuses his power
What does s4(3) say?
Wild plants, flowers, mushrooms etc can be stolen if picked for sale, reward or other commercial property.
What does s4(4) say?
Wild creatures can be stolen if are tamed, are normally kept in captivity or have been reduced into a person/s possession.
What was decided in Kelly v Lindsay? (s4)
Corpses and body parts are not property which can be stolen unless they have been altered/used for science.
What was decided in R v Welsh? (s4)
Bodily fluids can amount to property and so can be stolen.
What was decided in Oxford v Moss? (s4)
Information is not property which can be stolen?