theft Flashcards
(8 cards)
defined in?
section 1 of the theft act 1968
defined AS
dishonest appropriation of property belonging to another with the intention to permanently deprive
actus reus
dishonest apropriation of property belonging to another
what is appropriation
it can be outright taking or treating property as your own e.g selling property- pitham and hehl. S.3(1) means it is the assumption of the rights of the owner and can take place even if innocently acquired, if D then keeps/deals with it.Other examples are label swappign- morris and V consenting through deception -lawrence,gomer
Rules on appropriation
- can take place if a gift is made with consent and without deception, if there is coercion
- can take place even if D leaves the property behind
- section 3(2) states it can take place even if stolen goods are purchased in good faith
Property
can be tangible- money
intangable- things in action eg patents
what is not property
picked from the wile scetion 4(3)
wild creatures unlesss in captivity
confidential ifnormation
electrictity
bodies/body parts unless used for exhibition or teaching purposes
Bodily fluids CAN be stolen
belonging to another
V has possesion or control of it (ricketts v basildon magistrates court)