Mapa mental
Theft
Contenido del mapa
Theft
Theft act 1968
- Theft Act 1978
- Theft (amendment) act (1978)
- Fraud Act 2006
- A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permenantly deprivinng him of it (s.1 1
Appropriation (3(1)
- Vital component of Actus reus----definition: take, acquire, obtain, grab, seize, steal, get, rob, pinch etc
- any assumption by a person of of the rights of an owner amounts to an appropriation, and this include where he has come by the property (innocently
- rights of the owner
- Selling it
- destroying it
- Using it
- hiring it
- possesing it
- consuming it
- lending it
- rights of the owner
- or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as a owner
- offering items for sale that belong to another person is appropriation (Pitham v Hehl)
- grabbing a handbag is appropriation even if it falls to the floor (Corcoran v Anderson)
- assumption of any single right will suffice (R v Morris)
- theft can still take place even it the owner consents i.e. by decpetion (Gomez)
- no need to show that there was consent (Lawrence)
- immaterial whether the acts were done with the victims consent or authority (Hinks) low iq victim who lavished gifts
- if a cheque is fake, the property is obtained by deception and thus appropriated by the buyer (Dobson v General accident and fire)
- signing blank cheques does not assume the rights of the owner but presenting them to be cashed does (Ngan)
- matters little where the defendant is, it matters where the act of appropriation took place (Governer of Brixton Prison ex parte Levin)
- if property is purchased in good faith, the 'owner' is not guilty of theft (s.3(2))
Property s.4
- 'includes money and all other property real or personal, including things in action and other intangible property (s.4(1)
- Land, Currency, cars, jewellery, information, bank account, rights
- body parts are also property (Kelly and Lindsay)
- Land, Currency, cars, jewellery, information, bank account, rights
- things that cannot be stolen
- s4(3) wild mushrooms, flowers, fruits or foilage
- unless it is picked for reward, sale or another commercial purpose
- A wild untamed creature (s.4(4))
- unless it has been reduced to possession by another person
- s4(3) wild mushrooms, flowers, fruits or foilage
- Real Property
- land, property, building, site, field, house, factory
- can be stolen in three ways
- trustees, representatives and liquidators can steal land if acting in breach of their confidence (s.4(2)(a)
- something that is severed from the land e.g. bricks, turf, doors (s.(4)(2)(b)
- tenant can steal fixtures or structures from the land he is renting if he appropriates (s.4(2)(c)
- things in action i.e. causing anothers bank account to be debited (kohn)
- Intangible property
- i.e. patent
- 'includes money and all other property real or personal, including things in action and other intangible property (s.4(1)
Belonging to another s.5
- Section 5(1)
- possession or control of it
- does not have to be lawful
- defendant can steal his own property if another person had possesion or control over it (Turner)
- any proprietary right or interest
- property received under an obligation will still belong to the owner s.5(3)
- important that the defendant was obliged to deal with the property in a particular way and then failed to do so
- property received under an obligation will still belong to the owner s.5(3)
- possession or control of it
- property received by mistake
- still belong to the original owner
- obligation upon person to restore property to the original owner (s.5(4)
- still belong to the original owner
- Section 5(1)
Mens Rea of theft
- dishonestly s.2(1)
- not dishonest if:
- appropriates property in the belief that he has in law the right to deprive the other of it
- appropriates property in the belief that he would have the others consent if the other knew
- the word belief features in all 3
- if the defendant honestly holds one of the beliefs, then he is not dishonest (Turner)
- the word belief features in all 3
- appropriates property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps
- should be judgd by the jury according to standards of ordinary decent people (Feely)
- Objective and subjective--view of the reasonable man then view of the defendant (Ghosh)
- not dishonest if:
- intention to permenantly deprive
- his intention is to treat the thing as his own to dispose of regardless of the others rights s6(1)
- dictoniary definition of dispose of used in Cahill
- widened to include dealing with in DPP v Lavender
- dictoniary definition of dispose of used in Cahill
- mere borrowing is never enough to constitute a guilty mind unless the intention to return the thing was in such a change d state that all of the
- goodness or virtue has gone (Lloyd)
- his intention is to treat the thing as his own to dispose of regardless of the others rights s6(1)
- dishonestly s.2(1)
Información
- Descripción
- Crimimal Law Mapa Mental sobre Theft, creado por usmanzafar el 16/04/2013.
- Creado por
- usmanzafar
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