theft

Question 1

theft meaning

Answer 1

s1 theft act 1986
- dishonest appropriation of property belonging to another with intent to permanently deprive them of it

Question 2

appropriation

Answer 2

s3
- any assumption of rights of the owner
- includes selling , using destroying etc
- consent isn’t relevant

Question 3

property

Answer 3

s4
- includes money , tangible or intangible items
- Oxford v moss = knowledge isn’t property
- electricity not property

exceptions under s4/3 and s4/4
- wild plants / animals not property , unless for sale or taken unlawfully

Question 4

belonging to another

Answer 4

s5
- means having ownership , possession or control
- abandoned property = not included

Question 5

mr - dishonesty

Answer 5

s2

not dishonest if
- believes he has legal right = turner
- believes the owner would consent - holden
- believes owner cant be found - small

if none apply = barton and booth test

1. was the conduct dishonest by standards of ordinary decent ppl = objective
2. did d realise that conduct was dishonest by those standards ?- subjective

s2/2 - still dishonest even if d willing to pay

Question 6

intention to permanently deprive

Answer 6

s6
intent to treat it as ones own to dispose of , or deprive owner of it forever
- taking money and returning diff notes - yes!!!!