theft Flashcards

(37 cards)

1
Q

what is the theft act of 1968 defined as

A

dishonestly appropriating property,belonging to another,with intent to permanently deprive
all elements must be present

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what must there be in regards to the actus reus for theft?

A

appropriation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What section is appropriation contained in?

A

section 3 theft act 1968

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

appropriation definition

A

Appropriation is defined as any assumption of the rights of the owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

d doesn’t have to assume all the rights case

A

Morris

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

appropriation is needed for theft,but

A

Not all appropriation is theft

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

gomez

A

all other elements must be present

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Appropriation must have a beginning and end, who decides this

A

the jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Continuing act

A

Atakpu

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The defendant can still be guilty when the owner gives consent to appropriation case

A

Lawrence;Gomez

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

gift

A

Hinks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Pit ham and Hehl

A

There’s no need for the defendant to have physical contact with the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Where is property defined ?

A

section 4 theft act 1968

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what is property defined as

A

Money and all other property, whether real or personal, including things in action and other intangible property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Money and all other property,whether real or personal, including things in action and other intangible property
case

A

kelly and Lindsay

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

wild animals and plants can’t be stolen unless they are what

A

Reduced into possession

17
Q

Real property is defined as

A

Land and things attach to land

18
Q

Belonging to another is defined in

A

s.5(1) Theft act 1968

19
Q

belonging to another is defined as

A

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

20
Q

even if owned by the defendant can be belonging to another, if they have legal interest in it case

21
Q

Webster

A

Propriety interest occurs when the D owns and has control, but can still steal it if another has proprietary interest

22
Q

Hall

A

property received under obligation remains remains property of the original owner

23
Q

If receive property by mistake, the defendant is under obligation to make restoration. What is the case for this?

24
Q

What happens when the property is lost?

A

If property is lost it is still considered theft until the original owner stop looking for it and it becomes abandoned

25
regarding MR,dishonesty is not defined in the theft act so what is used instead?
s2(1)(a)-(c) gives situations where D is not dishonest if honestly held
26
s(1)(a)
D believes he has the right to deprive
27
s(1)(b)
consent
28
s(1)(c)
Person who owns the property can’t be found with reasonable steps
29
small/holden
Doesn’t matter if unreasonable, as long as it is genuine
30
Ivey Test case
ivey v gentings casino
31
ivey test definition
D’s conduct must be dishonest, according to the ordinary standards of the reasonable person. This is an objective test.
32
velumyl
The defender intends to deprive the person of their property
33
 Conditional intent is not sufficient case
Easom
34
What must the defendant do to have intent to permanently deprive?
treat the thing as his own to dispose of regardless of the others rights
35
Borrowing may amount to
outright taking after a period of time
36
what does dispose of mean according to Lavender?
To get rid of dump, or sell, includes dealing with
37
Lloyd
Borrowing becomes out right taking when the goodness value and virtue has gone out the article