Theft Flashcards
(20 cards)
What’s the identification for theft?
S.1 Theft Act
What are the 3 elements and their sections that make up the AR for Theft?
- Appropriates - S.3(1)
- Property - S.4(1)
- Belonging to Another - S.5(1)
What is the definition for Appropriation?
Any assumption of the rights of the owner or later assumption of rights by keeping it or dealing with it as the owner
What’s the definition of Property?
Includes money, real or personal property including things in action and other intangible property
What’s the definition for Belonging to Another?
Any person having possession or control of property or having proprietary rights
What’s the principle from R v Morris?
Need not be all rights can be any of the rights
What’s the principle from R v Lawrence/ Gomez?
Appropriation can take place even with consent of the owner
What’s the principle from R v Hinks?
Appropriation can take place even with consent and no deception
What’s the principle from R v Kelly and Lindsey?
Body parts were property
What’s the principle from Oxford v Moss?
Confidential information can’t be stolen
What do sections 4(3) and 4(4) say can’t be stolen?
S.4(3) - wild flowers, fruits and foliage can’t be stolen
S.4(4) - wild animals can’t be stolen
What’s the principle from Turner(No 2)?
Garage had greater proprietary rights to the property and were in possession and control
What does S.5(3) Theft Act say on belonging to another?
Person who receives property from another and is under an obligation to the other to retain and deal with the property
What does S.5(4) Theft Act say on belonging to another?
Person gets property from another’s mistake is under an obligation to make restoration of the property
What’s the principle from Ricketts v Basildon?
Not abandoned property but remained the property of the person who deposited them until taken into control of the charity
What’s the 2 elements for the MR of theft and their sections?
- Dishonesty - S.2(1)
- Intention to Permanently Deprive - S.6(1)
What’s the definition for Dishonesty?
A person is not regarded as dishonest if he’s in the belief that:
(a)- he has the right to deprive in law- Holden
(b)- he would have the other’s consent if he knew
(c)- person to whom the property belongs can’t be discovered by taking reasonable steps- Small
What is the Ivey test for theft?
Lord Hughes- whether D’s conduct was dishonest by the objective standards of ordinary decent people
What’s the principle from R v Lloyd for theft?
The goodness, virtue and practical value hasn’t gone out of them
What’s an additional case for theft?
R v Lavender
