GDL - Theft and Robbery Flashcards
(38 cards)
a defendant can appropriate property even if the owner has given
consent
can you be guilty of stealing a valid inter vivos gift?
Yes
How can the innocent purchaser evade liability for theft?
a defendant will not be liable for theft if they purchase stolen goods in good faith but then decide to keep them
D will not be guilty of theft if they pick any of what plants growing in the wild?
Mushrooms, Flowers, Fruit, Foliage
When can D be guilty for theft of wild plants?
if picking for a commercial purpose, uprooting a wild plant, or picking cultivated plants
Wild animal theft exception
D will not be guilty of the theft of:
Untamed animals; and/ or
Animals not ordinarily kept in captivity
Corpses and body parts that can be stolen
Corpses in hospitals
Blood given to a blood bank
Corpses or body parts which have ‘acquired different attributes’ for scientific or teaching purposes (R v Kelly and Lindsay)
What property cannot be stolen?
Wild plants and animals - except in certain circumstances discussed already
Electricity
Confidential information
Services eg a train journey
Cheques drawn on accounts over the agreed overdraft limit (as the bank is not obligated to honour the cheque)
What property will not qualify as “abandoned goods”?
domestic goods, lost golf balls, and property that people have given up looking for does not qualify as abandoned
Who does property belong to?
those having possession or control of it
How can you demonstrate an intention to secure possession of property on your land?
either expressly, for example by putting up a notice, or impliedly (British Airways case)
dishonesty requirement for theft
does not require the defendant’s belief to be reasonably held. As long as their belief is genuine, they will not be dishonest
Can you steal your own property?
Yes eg case where a driver stole his own car from the garage without paying bill
Is there always a legal obligation to deal with property in a particular way?
No, it is for the trial judge to decide, in each individual case, whether the accused was under a legal obligation according to civil law, to deal with the property in a particular way
Under the law of restitution, when someone is aware they have acquired property by a mistake they are usually under a
legal obligation to restore it
Under law of restitution, if there is an intention not to make restoration of the money, there is an
intention to permanently deprive
a person who gives property by a mistake retains what?
an equitable interest in that property
Who determines whether the appropriation is dishonest?
the jury
3 situations where an appropriation of property will not be dishonest
S 2(1)(a): if the defendant has a right in law to deprive the owner of their property
S 2(1)(b): the defendant would have the owner’s consent if they knew
S 2(1)(c): the person to whom property belongs cannot be discovered by taking reasonable steps
Ivey v Genting Casino test for dishonesty
What was the defendant’s knowledge and belief as to the facts?
Given that knowledge and those beliefs, was the defendant dishonest by the standards of ordinary decent people?
When must the dishonest intent be formed?
when the goods belong to another
When does ownership of food pass?
Either when:
it is eaten; or
possibly before it is eaten e.g. when ordered at a restaurant
When does ownership of petrol pass?
when put in the petrol tank
When might an intention to permanently deprive fail?
if the condition as to an item’s return can readily be fulfilled and may be fulfilled in the near future, the jury may well conclude that an intention to permanently deprive had not been made out
