Non fatals - Theft Flashcards
(24 cards)
R v Morris
Don’t need to appropriate all rights of the owner, just one
Switched labels at supermarket to pay lower price
Lawrence v MPC
Appropriation can take place even where property handed over voluntarily
Customer who did not speak English gave £1 fare to driver who reached into his wallet and took out more money - this was theft even though wallet handed over voluntarily
R v Gomez
Appropriation can occur where goods are released with consent of the owner - can be appropriation even if the owner consents, as long as that consent is obtained by deception.
Stolen cheques used to buy merchandise
R v Hinks
Appropriation can take place even if appeared like a voluntary gift with no evidence of deception appropriation is not the absence of consent
Man of low IQ gave money from bank account to lady as a gift
Corcoran v Anderton
Property doesn’t need to be removed from owner for there to be an appropriation. Tugging at property in possession of owner is sufficient
Knocked a woman t the ground and tried to get her bag but she keep a tight grip so they gave up. appealed due to leaving empty handed but conviction upheld
Oxford v Moss
Confidential information is not property and cannot be stolen
A student found exam papers and took pictures
R v Kelly and Lindsay
Body parts can be stolen if used for teaching purposes
Made sculptures from stolen body parts from a university. Usually body parts aren’t property unless skill is applied in their preservation or treatment for purposes like medical or educational use.
R v Smith
Even illegal items such as heroin are regarded as personal property
Stole drugs off a dealer - robbery upheld
R v Turner
A person can have rights over property until a bill is paid
Took own car away from garage without paying - still theft despite him owning the property initially
R v Woodman
Property may belong to another even if they do not know that they own it
Guy took left over scrap metal that a company didn’t know was there - but they are technically in possession so it was deemed theft
Williams v Phillips
Abandoned property may still be under the possession of the owner
Binmen kept items of value from the refuse for their own. Once binmen collected it its owned by council not ownerless so it is theft
Davidge and Benett
Property belongs to another where it is received under an obligation to retain and deal with it a certain way
Flatmates gave D a cheque to pay rent but she spent it elsewhere - theft as cheques were property of flatmates
R v Robinson
He was not dishonest as he genuinely believed he had a right to money. Sec 2(1)a - he has a right in law
During a fight with someone who owed him money D picked up money from guys wallet. Robbery conviction quashed
R v Holden
Based on subjective belief of defendant. Sec 2(1)b - he would have owner consent (he believed)
Took tires for personal use which is against his contract but he thought he was allowed as his colleagues all do the same
R v Small
Not dishonest if owner cannot be discovered Sec2(1)c
Took a car that had been in the same place for 2 weeks with keys in the ignition. He believed he could not find the owner - doesn’t matter that reasonable person would think to contact dvsa to find the owner
R v Barton and Booth
2 part test for dishonesty if sec2(1) abc do not apply -
- Considers what the defendant actually believed, even if that belief was unreasonable. - were the facts how the defendant believed them to be
- Would ordinary people think this behaviour is dishonest?
R v Lloyd
Goods virtue or practical value must have been taken from the property to permanently deprive
Guy borrowed tapes from cinema to copy and resell ad he returned the tapes in original unchanged state so conviction was quashed- no such loss as films could still be screened
R v Easom
Conditional intent will not be considered theft if D decides there is nothing worth stealing
Guy rummaged through unattended handbag but did not take anything. Quashed
R v Fernandes
In possession of funds that aren’t yours and use them in a way that risks its loss without consent of owner is intention to permanently deprive
Used clients forms to invest thinking hed make profit but lost some - this amounted to theft
R v Velumyl
Dealing with property as if its your own amounts to intent to permanently deprive
Took money from company safe and said he would return it later. Conviction upheld - unless he returned the EXACT notes and coins
R v Lavender
Dealing with property as if its your own amounts to intent to permanently deprive
Removed doors from council property set to be demolished for his own use. Theft as treated as his own
R v Ghosh
1, Was the act dishonest by the standards of reasonable and honest people? (Objective)
2. Did the defendant realise this? (Subjective)
Overruled by Ivey v Genting
Surgeon asked for money for surgeries he did not perform - convicted.
Ivey v Genting Casinos
Dishonesty is purely objective.
1. What did the defendant believe the facts to be? (Subjective belief about facts)
2. Was the conduct dishonest by the standards of ordinary decent people? (Objective)
Replaced Ghosh. Confirmed in Barton v Booth
Fraudulent at casino
