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32 Cards in this Set
- Front
- Back
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Assuming the rights of an owner; acquiring legally and later assuming or dealing as an owner
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TA68, s3(1)
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Consent is irrelevant to appropriation
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DPP v Gomez
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You only need to assume one right
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R v Morris
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A valid gift can be an appropriation – it is a very neutral word
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R v Hinks
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The appropriation requires some personal contact or interference with the property, not just causing victim to use it in a way that benefits D
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R v Briggs
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Can't steal more than once, but appropriation can be continuous or instantaneous
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R v Atakpu
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TA68, s3(2)
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Not an appropriation for TA if:
i. You purchase for value ii. You act in good faith (eg don't buy at dodgy cheap price) Watch out for discovering a gift is stolen! |
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Money, real, personal, things in action, other intangible property
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TA68, s4(1)
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Things in action: intangible rights capable of legal enforcement – bank account balance, agreed overdraft
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Chan Man-Sin v R
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Overdrawing agreed OD is not appropriating thing in action (but see Fraud Act)
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R v Navvabi
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You can't steal land unless
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TA68, 4(2)
- fiduciary acting in breach - someone not in possession severing fixtures - tenants who appropriate things let with the property |
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Wild plants if picked for commercial purpose
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TA68, s 4(3)
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Wild animals if normally captive of being/been reduced to possession
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TA68, s4(4)
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Property is not:
- Reading confidential information |
Oxford v Moss
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Property is not:
- Swiping electricity |
Low v Blease
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Low v Blease
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R v Turner (no 2)
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The property must belong to another at the time of the dishonest appropriation (ie not be a petrol station/restaurant case)
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Edwards v Ddin
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Where you get property from another and have a LEGAL obligation to deal in a certain way, as against you it belongs to another
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TA68, s5(3)
DPP v Huskinson |
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can't be just contractual, has to be an obligation to deal with THAT
property (or proceeds) |
R v Hall
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GHOSH test (any crime with dishonesty MR):
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R v Ghosh
i. Did D do something that is dishonest by the standard of ordinary, honest people? ii. Did D know his action was dishonest by such standards? |
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With taking cash, you intend to permanently deprive even if you intend to repay (due to exact notes and coins)
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R v Velumyl
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If you take without permanent intent you are still regarded as doing so if (rarely used):
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TA68, s6(1)
i. If you you intend to dispose as you please regardless of other's rights ii. Can include borrowing if circumstances make it equivalent to outright taking or disposal |
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Taken item offered back to buy is intention permanently to D
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R v Raphael
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Selling used underground tickets “disposing of regardless of rights”
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R v Marshall
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Stole correctly believing bank would reimburse company – this is also disposing of thing regardless of owner's right
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Chan Man-sin v R
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You can treat borrowing as ItPD if:
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R v Lloyd
a. It is equivalent to outright taking or; b. Returned thing is “spent” or “goodness is gone” |
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ItPD also inferred where you part with thing under conditions as to its return which you may not be able to perform
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TA68, 6(2)
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Knowledge that payment on the spot is required
i. It can be a defence if D has agreed with V he will pay later |
R v Vincent
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Intention to avoid payment
- not liable if you intend to return and pay |
R v Allen
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Supply of goods or services unless:
i. Supply contrary to law ii. Payment not legally enforceable |
TA78, s3(3)
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Use of credit cards eceeding limit is a representation
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R v Lambie
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Home office guidance on misleading
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less than wholly true and capable of interpretation to the detriment of the victim
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