Theft Flashcards
(16 cards)
Act for theft
Section 1 TA 1968
Type of offence + max sentence for theft
Triable either way offence. Max 7 years
Definition for theft
A person is guilty of theft if they dishonestly appropriate property belonging to another with intention of permanently depriving the other of it
AR ELEMENTS FOR THEFT
1) appropriation
2) property
3) belonging to another
MR ELEMENTS FOR THEFT
1) dishonesty
2) intent to perm deprive
R v morris
Switching price labels was appropriation
R v Gomez
Appropriation can occur even with consent
R v hinks
Valid gifts can be appropriation if done dishonestly
Oxford v moss
Information cannot be stolen
R v turner
Even tho D owned car, garage had possession/control so it was theft
What does section 5(3) say
If they receive property under legal obligation they must use it in that way
R v davidge v bunnet
She had legal obligation so guilty of theft
S2 gives 3 situations where D isn’t dishonest
Section 2(1)(a) = D believed they have a right to the property
Section 2(1)(b) = D believed the owner would consent if they knew
Section 2(1)(c) = D believes the owner cannot be found by taking reasonable steps
Ivey v casinos
1) what was Ds actual state of knowledge (subjective)
2) was Ds conduct dishonest by standards of ordinary people (objective)
R v velumyl
Even if he intended to repay he would return different notes/coins so still theft
R v Eason
If D only intends to steal if item is worth it then it’s not theft
