Theft

Theft

1. Actus Reus

   • Appropriation
     • Assuming the rights of the owner
     • Property does not have to be taken
     • R v Morris
       • Not all of the rights
     • R v Gomez
       • Can occur with owners consent
   • Property
     • Money and all other property, real and personal, ncluding things in action and all other intangible property.
     • R v Welsh
       • Blood and Urine Samples
     • R v Marshall
       • Reselling train tickets
     • R v Kelly
       • Body Parts
     • Oxford v Moss
       • Copy of examination paper
   • Belonging to Another
     • S 5 (1) Possessional Control
       • R v Turner
     • S 5 (2) Proprietary Interest
       • R v Hancock
     • S 5 (3) Trust Property
       • R v Wain
     • S 5 (4) Particular Purpose
       • Davidge v Bennett
     • S 5 (5) Mistake
       • R v Gilks

2. Mens Rea

   • Dishonesty
     • Not guilty if defendant believes they...
       • Right in law
         • R v Holden
       • Consent
       • Reasonable Steps
         • R v Small
     • Ghosh Test
       • Would the reasonable man find it dishonest?
       • Does the defendant realise their act was dishonest by those standards
   • Intention to permanently deprive
     • R v Velumyl
       • Treating the property as your own to dispose of regardless of the real owners rights
     • R v Bagshaw
       • Borrowing is not theft unless the goodness is taken out