Created by Joanne North
over 7 years ago
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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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