PO: Theft Flashcards

1
Q

Lawrence

A

IR: app, consent & deception

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2
Q

Hinks

A

IR: app, gift & coercion

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3
Q

Cocoran and Anderton

A

IR: app if D leaves the property behind

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4
Q

Morris

A

IR, app through label swapping

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5
Q

Oxford v Moss

A

X property -confidential info

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6
Q

Kelly and Lindsay

A

X property - bodies/body parts unless educational purposes

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7
Q

Davidge v Bunnett / Hall

A

IR b2a, obligation to retain and deal with property- s.5(3)

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8
Q

Webster

A

IR b2a, s.5(4) given something by mistake and keeping it- v has pi

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9
Q

Turner

A

IR b2a, stealing their own property

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10
Q

Woodman

A

IR b2a, even if they dont know its there eg abandoned p

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11
Q

Ivey v Genting Casinos

A

MR, s.2 dishonest test

  • knowledge/belief of D as to the facts
  • Dā€™s behaviour regarded dishonest by the reasonable, ordinary, decent person
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12
Q

Small

A

MR s.2(1)(a), x dishonest- honest belief, legal right

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13
Q

DPP v Lavender

A

IPD s.6(1) means intention to dispose of or treat as your own

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14
Q

Raphael

A

IR IPD, sell/ransom p back to V

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15
Q

Velumyl

A

IR xIPD i to replace w indentical p provided its absolutely indentical

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16
Q

Lloyd

A

IR IPD, remove the value from the property

17
Q

Mitchell

A

IR x IPD, i to abandon p unless the i was to change it so it will lose all value

18
Q

Easom

A

IR x IPD, conditional i to deprive, will result in attempt

19
Q

theft checklist

A
  • def, s.1 TA ā€˜68
  • AR: app (s.3)
  • IR app: deception, coercion, left, labels L,H,C&A,M
  • property (s.4)
  • x p: wild flowers/fruit/foliage, creatures, info, body K&L,OvM
  • b2a (s.5)
  • b2a IR: retain & deal, mistake, own, p, x known W,T,W
  • MR: dishonest test (s.2) IvGC
  • x dishonest: legal right, owner consent, x found, pay S
  • IPD (S.6/DPPvL), sell/ransom, remove value R,L
  • x IPD: identical replace, abandon, conditional V,M,E