Theft

Question	Answer
What is the definition of theft?	Dishonestly appropriating property belonging to another with intention to permanently deprive the other of it.
What are the actus reus elements of theft?	Appropriation Property Belonging to Another
What section does the definition of theft come from?	S1 Theft Act 1968
What is the definition of appropriation?	Any assumption of the rights of the owner
Where does the defintion of appropriation come from?	S3 Theft Act 1968
What case supports appropriation?	Morris
What does the case of Morris represent?	Right to sell and control the price.
What cases states that there was no appropriation due to consent?	Lawerence
What case states that there was an appropriation even if it was through deception?	Gomez
What case states that there was no decit but there still was appropriation?	Hinks
What is the definition of property?	Property includes money and all other property real or personal including things in action and other intangible property.
What section defines property?	S4 Theft Act 1968
What does the case of Kelly state?	That body part are property if they have been treated.
What does S4(3) say about property?	States that plants cannot be property unless you try and sell them.
What does S4(4) say about property?	States that animals tame or not belong to the persons whose property they are on.
What are the exceptions to real property?	- Where the defendant is a trustee or an executive who sells the land will be stealing. - Someone not in possession of the land, servers anything forming part of the land will be stealing. - A tenant takes a fixture or structure will be stealing.
What cases states that knowledge and confidentialty are not property?	Oxford and Moss
What is the definition of belonging to another?	Property shall be regareded as belonging to any person who has possession or control of it or having any proprietary right to it.
What section does the definition of belonging to another come from?	S5 Theft Act 1968
What case states that possession can override ownership?	Turner
What case states selling another person property is theft?	Webster
What case states that you can legally own things without your knowledge?	Woodman
What case states that rubbish is still your property until the council take it away?	Williams v Phillps
What does S5(3) Theft Act 1968 state?	Where a person receives property from another is under the obligation to the other to retain or deal with the property or proceeds in a particular way.
What does S5(4) Theft Act 1968 state?	If you receive property by mistake you are under a legal obligation to make restoration.
What section states dishonesty?	S2 Theft Act 1968.
What does S2 Theft Act state?	Appropriation of property belonging to another is not dishonest if: a. Had a right in law to deprive the other of it. b. Believed the victim would have consented to it. c. If the owner cannot be found by taking reasonable steps.
What case states that reasonable steps have to be taken?	Small
What test do you use if a person is not dishonest?	Ghosh Test
What are the two questions of the Ghosh test?	1. Would a reasonable person have seen the defendants actions as dishonest? 2. If so, does the defendant realise it was dishonest?
What section states that for theft there must be intention to permanently deprive the other of it?	S6 Theft Act 1968.
What is the law on intention to permanently deprive?	a. Treat the thing as there own regardless of the owner's rights. b. Borrow or lend something for a period of time that it is equivalent to an outright taking.
What case states that the defendant can treat things as their own?	Raphael and Another.
What cases states a mere borrowing which has changed the state that all the goodness or virtue has gone?	R v Lloyd
What case states that you cannot return the exact same object?	Lavender
What case states that intention to permanently deprive can be not returning the exact same object?	DPP v J and Others
What cases states that conditional intent is not sufficient for theft?	Easom

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	Created by Joanne North about 7 years ago