theft MR Flashcards
(17 cards)
what is the MR of theft
D must dishonestly appropriate with intent to permanently deprive
what are the honesty tests
- belief he has the right to deprive the other of it
-belief the other would consent if they knew the circumstances
-belief the owner of the property cant be traced via reasonable steps
what type of tests are the honesty tests what does this mean
- subjective tests
D inly has to prove his own honest belief not held vs RM
Holden
hint - tyres
D took tyres off his old employer thought if he’d of asked he’d f had permission
NOT DISHONEST
POL- D may have had honest belief
small
hint- car
D took a car that was left for 2 weeks with windows open
NOT DISHONEST
POL- D may have had hints belief
what are the dishonesty tests? when are they used?
-used if cant use honesty tests
what dishonesty test was used 1982-2017 and what were its requirements ?
Ghost test
- D dishonest according to ordinary standards (obj)
- Did D realise what he was doing was dishonest? (subj)
why was the ghost test criticised
people hold different views so ordinary standards vary
D may argue he’s acting honestly by his standards
what was the dishonesty test introduced in 2017
what’s the 2 standards
Ivey
1- what does D know what h was doing and the circumstances
2- would ordinary decent member of society say this dishonest
what is the new dishonesty test and its standards, why is this better
barton and booth 2020
-obj test , see if RM consider dishonest
- Better bc the focus shifts from whether the defendant realized their actions were dishonest to whether their actions were dishonest by societal standards.
what is s6
intent to permanently deprive
what is considered as intent to permanently deprive?
-D must treat the property as his own
–D being willing to pay for the property doesn’t make him honest
-property borrowed for long time
r v Velumyl
hint - money
D borrowed money from safe at work with intent to give back
GUILTY
POL- against co rules, d being willing to pay doest make him honest
lavender
hint- door
D removed 2 doors from council house to replace 2 doors in his gf house also council
GUILTY
POL-D intended to treat doors as his own regardless of councils right
what standards must occur to prove an item borrowed had intent to be permanently deprived
-must have LITTLE/NO VALUE left
Lloyd
hint- film
cinema worker gave D copy of film showing, D returned
NOT GUILTY S6
POL- it was in O.G state still. had value
Easom
hint- bag
D picked up bag rummaged through and put back w/o taking anything
NOT GUILTY
POL- if D picks something up to see if worth stealing and puts back = not intent to permanently deprive
