Theft (Paper 1) Flashcards

1
Q

Act of Parliament which defines theft

A

Section 1 Theft Act 1968

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2
Q

Definition of theft

A

Dishonest appropriation of property belonging to another, with the intention to permanently deprive

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3
Q

Actus reus of theft

A

Appropriation of property belonging to another

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4
Q

Section 3 defines appropriation as

A

Assuming the rights of an owner

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5
Q

Case which said any assumption is enough

A

Morris

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6
Q

Decision in Gomez

A

The appropriation must be dishonest

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7
Q

Side rule for consent

A

If D had consent to take the property, this still an appropriation (Lawrence)

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8
Q

Hinks held you can appropriate property if you receive it as

A

A gift

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9
Q

Four types of property which can be stolen under section 4

A

Money, personal, real, intangible

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10
Q

Property that cannot be stolen

A

Knowledge, wild animals and plants, electricity

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11
Q

Definition of belonging to another under section 5

A

Property belongs to another if they have possession or control over it, or a right or interest in it

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12
Q

You can steal your own property

A

True (Turner)

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13
Q

Lost property

A

Original owner still has a right or interest in it

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14
Q

Ruling from Basildon

A

Owner must have an intention to abandon property

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15
Q

Case which said you must use money for the purpose intended

A

Davidge v Bennett

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16
Q

Receiving money by mistake

A

You are under an obligation to return it (A.G’s Reference)

17
Q

Mens rea of theft

A

Dishonesty and the intention to permanently deprive

18
Q

Three negatives in section 2 under which D will not be dishonest

A

They believe they have a right in law to the property, D believes the owner would have consented to the taking, owner cannot be discovered by taking reasonable steps

19
Q

Dishonesty test confirmed in Ivey v Genting Casinos and R v Barton & Booth

A

Was D dishonest by the standard of an honest and reasonable person

20
Q

Meaning of intention to permanently deprive

A

D intends to continue to treat the property as if it is their own, regardless of the owner’s rights

21
Q

Decision in Velumyl

A

If you intended to replace property, you still have the intention to permanently deprive

22
Q

Case that said there’s an intention to permanently deprive if you take the ‘goodness, value, and virtue’

A

Lloyd

23
Q

Conditional intent rule

A

If you only intend to steal if there is something worth stealing, this is not an intention to permanently deprive (Easom)