Theft Template Flashcards
(9 cards)
- D could be..
Charged with theft.
- Under S1 of the Theft Act 1968…..
a person who dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it is guilty of theft.
- First part of the AR is…
Appropriation.
S3 TA 1968 states appropriation means to assume the rights of the owner, R v Morris.
Apply: D assumes the owners rights by
Issues with consent by deception, R v Gomez.
Grifts from vulnerable, R v Hinks
When appropriation occurs, R v Morris
- Next part of the AR is found in….
S4 of TA 1968.
Apply: is property real, personal, intangible or thing in action.
Issues with wild property?
Issues with property as information, Oxford v Moss.
Real property - plants, anything attracted to the land etc.
- The final part of the AR is…
S5 - the property must belong to another.
S5 states that this means if anyone has possession, control or proprietary interest in the property.
APPLY
If relevant:
- Control of another, R v Turner.
- Lost or abandoned, Williams v Phelps/ R v Woodman.
- Under and obligation - Davidge v Burnett (5.3).
- Recieved by mistake - AG 1 (5.4).
- The first part of the MR is…
That D must be found to have acted dishonestly.
S2(1a-c) of TA details 3 circumstances where D is not dishonest - if they don’t apply: D doesn’t believe he has the right in law to…. And he doesn’t believe he has the consent of the owner. D doesn’t believe the owner cant be found by taking reasonable steps.
If one applies state why it does.
- If none of the statuary exception apply…
The judiciary apply the test confirmed in R v Barton and Booth - was D’s conduct dishonest according to the standards of an honest and ordinary person?
- Finally S6 defines the intention to permanently deprive as to….
Treat the thing as heir own regardless of the owners rights.
Does borrowing or lending apply - consider whether some or all of the goodness or virtue have gone, R v Lloyd/ DPP v J.
- D is/ isn’t…
Guilty of theft.
