Theft^ Flashcards
(18 cards)
Actus Reus
- appropriate
- property
- belonging to another
R V Pitham & Hehl
You do not need to deprive the owner of the property for appropriation, only to assume a right
R V Morris
Only have to prove there was an assumption of rights for appropriation
R V Gomez
Taking items from a shop shelf can be appropriation
R V Lawrence
Appropriation can occur even with consent
R V Hinks
Consent to dishonesty is still appropriation
Oxford V Moss
Info is not property under the Theft Act 1968
R V Lindsey & Kelly
Body parts cannot be stolen except in this case they were (museum)
R V Turner
Belonging to Another
It is possible to steal your own property
R V Webster
Property belongs to whoever has a proprietary interest in it
Davidge V Bunnett
If property is received under an obligation it must be dealt with in that way
Attorney’s General Reference
Property recieved by mistake should be returned
Mens Rea
- dishonest
- intention to permamently deprive
Dishonesty
no statutory definition
s.2(1)(a) - has legal right to deprive
s.2(1)(b) - would have consent if they knew of the A and the reason
s.2(1)(c) - the owner can’t be found
R V Robinson
s.1(1)(a)
If a person honestly believes they have a right in law to the property you are not being dishonest
Ivey V Casinos
This case abolished the Ghosh test for dishonesty and created a two part test
R V Velumyl
Exact property must be returned in order to for there not to be intention to permanently deprive
R V Easom
A conditional intent is not enough for intention to permanently deprive
