theft Flashcards

(8 cards)

1
Q

defined in?

A

section 1 of the theft act 1968

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2
Q

defined AS

A

dishonest appropriation of property belonging to another with the intention to permanently deprive

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3
Q

actus reus

A

dishonest apropriation of property belonging to another

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4
Q

what is appropriation

A

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

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5
Q

Rules on appropriation

A
  • 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
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6
Q

Property

A

can be tangible- money
intangable- things in action eg patents

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7
Q

what is not property

A

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

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8
Q

belonging to another

A

V has possesion or control of it (ricketts v basildon magistrates court)

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