3.12)Theft Flashcards
(17 cards)
Where does the offence “Theft” come from
The Statute of the Theft Act 1968 s1
Define “Section 1 Theft”
The dishonest appropriation of property belonging to another with the intention to permanently deprive
What are the Three Actus Reus for “Theft”
1)s3 Appropriation
2)s4 Property
3)s5 Belonging to Another
Define “Appropiation”
Using the rights of an owner on something that is not yours
What does “R v Morris [1984]” entail
D switched price labels at the supermarket to pay a lower price, which was an adverse interference with the owners’ rights
Define “Property”
Includes money and all other property, real or personal and intangible property
What does “Oxford v Moss [1978]” entail
A university student got hold of exam papers and returned after reading the contents, and was found not guilty, as confidential information is not theft
Define a “Thing In Action”
A right that can be legally enforced, eg theoretical money in a bank
What does “R v Kohn [1979] entail
D is found guilty of stealing a thing in action, as he’s an accountant using work finances to pay off personal debts
Define “s5 Belonging to Another”
Property shall be regarded as belonging to any person having control of it, or having in it a proprietary right or interest, even if abandoned
What does “R v Wain [1995] entail
D had an obligation to pay a sum of money from a fundraising event to a charity, but was unable to account for some which was theft as the money belonged to another
What are the two Mens Reas for “Theft”
1)s2 Dishonesty
2)s3 Intention to Permanently Deprive
What are the Statutory Exceptions to s2 Dishonesty
1)D has the right to deprive owner of the property
2)Owner can not be found
3)Owner consents to D taking it
What is the Objective Test for Dishonesty
1)What did D believe at the time
2)Were D’s actions dishonest by the standard of an ordinary decent person
3) It does not matter if D knows they’re being dishonest or not
What case made the precedent for the Objective Dishonesty Test
R v Ghosh [1982]
What does the “s3 Intention to Permanently Deprive” include
1)Borrowing something and returning it in a different state
2)Taking something and replacing it with something else
What does “R v Velumyl [1989]” entail
D permanently deprived the company of the specific money as he could not replace the exact same notes after borrowing money
