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A2 LAW > Theft > Flashcards

Theft Flashcards

1
Q

Definition of theft

A

Dishonest Appropriation of Property belonging to another with the intention to permanently deprive the other of it

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2
Q

What act and section?

A

S.1 of the theft act

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3
Q

State the section number for definition

A 
S.2- dishonest 
S.3- appropriation 
S.4- property 
S.5- belonging to another 
S.6- intention to permanently deprive the other of it
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4
Q

State the ACTUS REUS if theft

A

Appropriation
Property
Belonging to another

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5
Q

State MENS REA of theft

A

Dishonest

Intention to permanently deprive the other of it

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6
Q

What is appropriation

A 
Assuming rights of owner 
E.g
Selling 
Destroying 
Consuming it 
Using it
Lending it...
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7
Q

What are facts of PITHAM V HEHL?

A

D sold furniture belonging to another person.

Offer to sell= assumption of right

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8
Q

Does there have to be an assumption of ALL rights??

A

NO…

Demonstrated in Morris

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9
Q

State facts of Morris

A

D switched price labels of 2 items in supermarket and bought the items with the lower price

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10
Q

Consent to appropriation case?

A

Lawrence

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11
Q

State facts of Lawrence

A

Italian student asked taxi driver to take money for journey but he took more than it cost.
Appropriation

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12
Q

State facts of Gomez

A

D persuaded manager to sell electrical goods and to accept payment of cheques which were stolen and had no value

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13
Q

State facts of Hinks

A

D befriended a naïve man with low IQ and accepted £60,000 worth of gifts and money
APPROPRIATION
Ordinary and decent person would regard it as dishonest to accept gift from him

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14
Q

What includes property?

A

Money
Real property
Intangible property Personal property
Things in action

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15
Q

What did the case of KELLY + LINDSAY hold?

A

Dead bodies and body parts can be personal property for the purposes of theft

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16
Q

State facts of KELLY + LINDSAY

A

Kelly was a sculptor and asked Lindsay to take body parts from surgery where he worked
Guilty of theft

17
Q

State facts of ATT.GEN. HONG KONG V CHAN

A

export quota for textile was intangible property

Can be stolen

18
Q

State facts of OXFORD V MOSS

A

University student SAW copy of exam paper was not guilty of theft because “information/knowledge” can’t be stolen
Knowledge of examination paper was held not to be property

19
Q

What can not be stolen?

A 
Wild mushrooms 
Fruit 
Flowers 
Foliage 
In wild..
Wild creatures which are not under possession
20
Q

What case held that it was possible to steal your own property

A

TURNER

21
Q

State facts of TURNER

A

Turner took his car to garage to get repaired. He drove off without paying for it.
Reason: garage had proprietary right and possession/ control of his car till bill was settled

22
Q

State factors of belonging to another

A
  • Property is regarded to belonging to any person having possession or control or any proprietary right
  • Property belongs to the other where it is received under an obligation to retain or deal with it in a certain way
  • Property received by mistake where there is a legal obligation to make restoration belongs to the other
23
Q

State facts of MEREDITH

A

Police removed D’s car as it was causing an obstruction.

D didn’t steal own car as the police had no “right” or any “costs” to settle.

24
Q

What were both cases
GREENBERG
EDWARDS V DDIN

A

Both cases filled petrol tanks of cars and left without paying
Held: NOT THEFT

25
Q

Can you steal abandoned property ?

A

NO,

If property is abandoned it can’t be theft because it belongs to no one

26
Q

Facts of WEBSTER?

A

D (army sergeant) received 2 medals by mistake so he sold one
Theft
Army had proprietary interest in medal

27
Q

Is borrowing or lending theft?

A

No..

Unless it is for an extortionate amount LG time

28
Q

State facts of ATT.GEN REF

A

D’s salary was paid into her bank account but she was overpaid by manager.
D was “under an obligation to make restoration”

29
Q

Conditional intent cases

A

EASOM
HUESSIN
MORRIS
A-G ref

30
Q

State facts of WALKINGTON

A

D went behind counter and opened till draw in store. There wasn’t anything worth stealing
GUILTY
Entered with intention to steal it is irrelevant whether there was anything worth stealing

A2 LAW (2 decks)

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