Theft Flashcards
(23 cards)
Max sentence for theft
7 years
Definition of theft
A person is guilty of theft if he dishonestly appropriates property belonging to another with intention to permanently deprive the other of it
What act is all property offences
Theft act 1968
What is the definition of appropriation s.3
Doing something with the property that owner has right to do but on else has right to do
r v morris
Switching labels is theft
r v Lawrence
Doesn’t have to be without owners consent as long as it is dishonest
r v hinks
Taking advantages of another is theft
What is the 2nd element
Property s.4
r v Kelly and Lindsay
Dissented organs amount to value
Oxford and moss
Liable for stealing paper but not info
r v Akbar
Keeping confidential information is theft
What can’t be stolen
Land s4(2)
Wild plants s4(3)
Wild creatures s4(4)
What is the 3rd element
Belonging to another s.5
Definition of belonging to another
Regarded as belonging to another to any person with possesion or control over it
R v Turner
Guilty of stealing own car from garage
R v rostron
Question for the jury
BTA/ Williams v Phillips
Abandoned property+ rubbish belongs to council
what are the 3 situations in which behaviour is not considered dishonest
-S.2 (1) (a) legal right to property
S.2 (1) (b) would have consent
S.2 (1) (c) owner can’t be fount
what is s.2 (2) willing to pay
Persons appropriation may not be dishonest not with standing that he is willing to pay for property
R v gosh/ Ivey v genting casinos
Test for dishonest- standards of ordinary people
What is the 2nd mr
Intention to permanently deprive s.6
R v velyum
Not entitled to take money even though he would pay back
Dpp v j
Giving something back damages is intention to permanently deprive
