Criminal Law Theft

Front 1

Theft

Back 1

Actus reus-appropriation of property belonging to another
Mens rea-dishonestly intending to permanently deprive

Front 2

Appropriation

Back 2

Theft Act s3(1)

Front 3

Pitman v Hehl

Back 3

it is not necesssary to touch the goods

Front 4

Morris

Back 4

D need only appropriate one of the rights

Front 5

Ex parte Osman

Back 5

where D presents P's cheque to be cashed into d's account, that is an appropriation

Front 6

Gomez

Back 6

agreed with Lawrence, consent is irrelevant in regards to appropriation

Front 7

Property

Back 7

s4(1)

Front 8

Low v Blease

Back 8

electricity is not property

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Kelly

Back 9

dead bodies are not property

Front 10

Oxford v Moss

Back 10

secrets are not property

Front 11

Belonging to another

Back 11

S5(1) Theft Act

Front 12

Turner no.2

Back 12

you can steal your own property if another is in possession and control

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Bonner

Back 13

D was liable for theft when he dishonestly sold partnership property without his partners consent

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Williams v Phillips

Back 14

property thrown in a dustbin is not abandoned, remains property of owner until picked up when it belongs to LA

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Davidge

Back 15

if property is received for a particular purpose it will belong to another

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Mainwaring

Back 16

a legal obligation is necessary for s5(3) property received under obligation

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Wills

Back 17

D must know he is under a legal obligation for s5(3)

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Wain

Back 18

property donated to charity via D then puts D in a trust obligation

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Attorney General's Reference no 1

Back 19

D was overpaid, liable for theft as she was under an obligation to repay once she realised the mistake

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Gilks

Back 20

gambling debts are legally unenforceable

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Shadroch Cigari

Back 21

Where money or other property is transferred by mistake, transferer retains an equitable proprietary interest in it, can rely on s5(1)

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dishonesty

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s2(1) Theft Act

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Ghosh

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2 stage test
1)was what D did dishonest according to the ordinary standards of reasonable and honest people
2)did d realise what he did was by those standards dishonest

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Velumyl

Back 24

must be same coins and notes returned

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Intention to permanently deprive

Back 25

s6(1)

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Cahill

Back 26

to dispose of suggests D must intend to get rid of, to get done with or to sell the property

Front 27

DPP v Lavender

Back 27

D's intention is to treat the thing as his own to dispose of regardless of the others rights

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Marshall

Back 28

borrowing or lending for a period making it equivalent to an outright taking or disposal

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s6(2) Theft Act

Back 29

constructive intention to permanently deprive is not sufficient

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R v Easom

Back 30

conditional intention to permanently deprive is not sufficient

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Fraud Act

Back 31

AR
s2 false representation
s3 failing to disclose information
s4 abuse of position
s11 obtaining services dishonestly

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Fraud Mens Rea

Back 32

apply Ghosh Test

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Making off without payment

Back 33

S3 Theft Act 1978

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Actus reus

Back 34

D must make off-Brooks & Brooks
From the spot where payment is due-Aziz
without having paid as required/expected
for goods supplied or services done

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Mens Rea

Back 35

d must act dishonestly
d must know payment is required/expected
d must intend to avoid payment of the amount due-Allen