A2 Theft

annbelltrouser
Flashcards by annbelltrouser, updated more than 1 year ago
annbelltrouser
Created by annbelltrouser about 6 years ago
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Flashcards on A2 Theft, created by annbelltrouser on 25/03/2015.

Resource summary

Question Answer
where is theft found? Theft Act 1968
define theft s(1) the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it
section 2? dishonesty
dishonesty? 2(1)(a) legal right - Robinson 2(1)(b) consent - Holden 2(1)(c) find owner - Small
Ghosh 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?
section 3? appropriation
appropriation? any assumption by a person of the rights of an owner
only 1 right needs to be assumed... R v Morris
a gift will be invalid (appropriated) if consent is not genuine... Lawrence v MPC
a valid gift can be appropriated if the donor is vulnerable... R v Hinks
section 4? property
s4(1) what is property? - money - real property - personal property - things in action - other intangible property
stealing 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
wild plants? s4(3) cannot be stolen, unless sold/commercial use
wild creatures? s4(4) cannot be stolen, unless tame, captive or reduced to a possession
corpses/body parts aren't property... R v Kelly and Lindsay
bodily fluids are property... R v Welsh
information cannot be stolen... Oxford v Moss
physical written/recorded information (exam papers etc) can be stolen... R v Akbar
section 5? belonging to another
define 'belonging to another' s5(1) has possession or control of property
can appropriate your own property... if in control of another R v Turner (car in garage for repair)
discarded/forgotten property still belongs to another... Williams v Phillips
s5(3) if D receives property for a specific purpose, the property still belongs to 'the giver' Davidge v Burnett (money for utility bills)
s5(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)
section 6? intention to permanently deprive
define 'intention to permanently deprive' intending to treat as ones own, regardless of the rights of the owner
R v Lavender moving doors from one council flat to another; treated doors as his own
must intend to return exactly what was appropriated... R v Velumyl (intend to return exact banknotes, NOT other notes of the same value)
borrowing is temporary deprivation and is not intention to permanently deprive... R v Warner
s6(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
goodness, virtue and value must remain intact if borrowed... R v Lloyd
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