Fichas
A2 Theft
Fichas del conjunto (32)
- 1where is theft found?Theft Act 1968
- 2define thefts(1) the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it
- 3section 2?dishonesty
- 4dishonesty?2(1)(a) legal right - Robinson
2(1)(b) consent - Holden
2(1)(c) find owner - Small - 5Ghosh test?A) would D's actions be considered dishonest by the standards of honest and reasonable people?
B) would D realise his actions might be considered dishonest by these standards? - 6section 3?appropriation
- 7appropriation?any assumption by a person of the rights of an owner
- 8only 1 right needs to be assumed...R v Morris
- 9a gift will be invalid (appropriated) if consent is not genuine...Lawrence v MPC
- 10a valid gift can be appropriated if the donor is vulnerable...R v Hinks
- 11section 4?property
- 12s4(1) what is property?- money
- real property
- personal property
- things in action
- other intangible property - 13stealing real property? 4(2)ONLY IF;
something is severed from land,
tenant takes a fixture/fitting,
legally entrusted to look after land and doesn't - 14wild plants?s4(3)
cannot be stolen,
unless sold/commercial use - 15wild creatures?s4(4)
cannot be stolen,
unless tame, captive or reduced to a possession - 16corpses/body parts aren't property...R v Kelly and Lindsay
- 17bodily fluids are property...R v Welsh
- 18information cannot be stolen...Oxford v Moss
- 19physical written/recorded information (exam papers etc) can be stolen...R v Akbar
- 20section 5?belonging to another
- 21define 'belonging to another's5(1)
has possession or control of property - 22can appropriate your own property...if in control of another
R v Turner
(car in garage for repair) - 23discarded/forgotten property still belongs to another...Williams v Phillips
- 24s5(3) if D receives property for a specific purpose, the property still belongs to 'the giver'Davidge v Burnett
(money for utility bills) - 25s5(4) if D receives property by mistake, the property still belongs to 'the giver' that made the mistake.AG's Ref 1 of 1983
(returning overpaid salary to employer) - 26section 6?intention to permanently deprive
- 27define 'intention to permanently deprive'intending to treat as ones own, regardless of the rights of the owner
- 28R v Lavendermoving doors from one council flat to another; treated doors as his own
- 29must intend to return exactly what was appropriated...R v Velumyl
(intend to return exact banknotes, NOT other notes of the same value) - 30borrowing is temporary deprivation and is not intention to permanently deprive...R v Warner
- 31s6(2)?borrowing can amount to intention to permanently deprive if property is borrowed for such a time and in such circumstances that makes it equivalent to outright taking
- 32goodness, virtue and value must remain intact if borrowed...R v Lloyd
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- Fichas sobre A2 Theft, creado por annbelltrouser el 25/03/2015.
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