Bookmark Flashcards

1
Q

Cases under property

A

None
Property includes money and all other property real or personal including things in action and intangible property.

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2
Q

Define appropriation

A

Any assumption by a person of the rights of an owner amounts to appropriation.

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3
Q

Cases for belonging to another

A

R v Turner

Property under obligation S.5(3)
Davidge v Benett

Property received by mistake S.5(4)
AG’s reference

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4
Q

Two sections under belonging to another

A

Property under obligation S.5(3)

Property received by mistake S.5(4)

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5
Q

Dishonesty’s 3 exceptions

A

S.2
Right to deprive (R v Holden)
Others consent if they knew of the appropriation
Person to whom the property belongs to cannot be discovered by taking reasonable steps (Small)

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6
Q

Define intention to permanently deprive

A

To treat the thing as his own and dispose of regardless of the others rights

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7
Q

Cases for intention to permanently deprive

A

Treat the thing as his own - R v Velumyl
Dispose of regardless of the others rights - R v Lavender
Borrowing or lending - R v Lloyd
Conditional intent - R v Easom

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8
Q

Define force or threats of force

A

The application of force needs to be immediately before or at the time of theft

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9
Q

Case law under force or threats of force

A

R v Dawson and James
R v Clouden
B and R v DPP

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10
Q

Case law for application of force before or immediately at the time of theft

A

R v Lockley

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11
Q

Belonging to another

A

Belonging to any person having possession or control of it or having in it any proprietary right or interest.

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