2364326
Description
Flashcards by annbelltrouser, updated more than 1 year ago
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Created by annbelltrouser
about 9 years ago
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| 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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