theft Flashcards
(26 cards)
what is the definition of theft and section?
s.1 Theft act 1968 = a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
what are the 5 key ideas in theft?
- appropriation
- property
- belonging to another
- dishonestly
- intention to permanently deprive
what is the definition of appropriation and section?
s.3(1) = assumption of the rights of an owner
what can be assumptions?
sell
keep
change/abuse
lend
destroy
principle from Pitham v hehl?
you don’t have to touch the goods to appropriate them
principle from lawrence?
appropriation can occur with consent from the owner
principle from Hinks?
a person can appropriate even if they are given property as a valid gift
principle from atakpu v abrahams?
theft can be continuous but doesn’t go on indefinitely
what does s.3(1) allow for?
the D to be found guilty of theft even where they originally acquired the property lawfully
what is property defined as and section?
s.4(1) = includes money and all other property real (land/building) or personal (movable e.g. bike) it can include things in action and other intangible property
principle from oxford v moss?
confidential information is not property
principle from Marshall?
tickets are property
what are the things and their sections that cannot be stolen?
s.4(3) = plants/fungi growing on wild land
- cultivated plants can be stolen
- wild fruits picked for commercial purposes is theft
s.4(4) = wild creatures
- taking a deer from grounds of large estate is not theft
- is theft if taken from zoo
s.13 = electricity
- separate offence of dishonestly using electricity without due authority
principle from kelly?
a corpse is property
where is belonging to another defined?
s.5(1) theft act 1968
what is belonging to another defined as?
property belongs to any person having possession or control of it, or having in it any proprietary right or interest
principle from Turner no.2?
D’s can be guilty of stealing their own property if someone else was in possession of it at the time
principle from woodman?
people can have possession of property even if they don’t know it’s there
s.5(4) and case?
where a person is given something by mistake and is under an obligation to return it, keeping it is theft
AG ref no.1 of 1983
s.5(3) and case?
where a person receives money from or on an account of another and is under obligation to the other to deal with the money in a certain way, the money is the property of the other
Davidge v Bunnett
s.5(2) and case?
where the property is held by a trustee on behalf of another who can be liable for theft of trust property
Webster
what are the 3 sections for dishonesty?
s.2(1)(a) = D isn’t dishonest if he believes he has in law the right to deprive the other of it, on behalf of themselves or 3rd person
s.2(1)(b) = D isn’t dishonest if he believes he would have the other’s consent if the other knew of the appropriation and the circumstances surrounding
s.2(1)(c) = D isn’t dishonest if he believes the person to whom the property belongs to cannot be discovered by taking reasonable steps
test from Ivey v genting casinos for dishonesty:
a) what was the defendants actual state of knowledge or belief as to the facts (subjective); and
b) was his conduct dishonest by the standards of ordinary decent people (objective)
what is the definition of intention to permanently deprive and case and section?
s.6(1) theft act 1968 - intention to treat the thing as his own to dispose of regardless of others rights; and a borrowing or lending, equivalent to an outright taking or disposal
DPP v Lavender
