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32 Cards in this Set

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  • Back
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Act, section and definition

Dishonestly appropriate property belonging to another with the intention to permanently deprive (Theft Act 1968 s(1)1)

AR of theft

Appropriation (S3)


Property (S4)


Belonging to another (S5)

Definition of appropriation

Assumption of the rights of the owner (Theft Act 1968 S3(1))

Morris

Only one right is sufficient - no need to assume every right

Atakpu

Appropriation occurs at one point in time for theft

Pitham and Hehl

Offering someone else's property for sale is appropriation

Lawrence

D can appropriate even with consent

Gomez

Can appropriate if they obtained owners consent by deception

Hinks

D can appropriate even where voluntary gifts are made

Corcoran v Anderton

No need to escape with the property

Belonging to another definition

Possession or control in it, or having in it any proprietary right or interest (TTA 1968 S5(1))

Webster

more than one person can have an interest in it

Can abandoned property be stolen

No

Ricketts

Lost property can be stolen unless the original owner can't be found after taking reasonable steps

Klineberg and Marsden

If given property with a certain task, and you don't, then it can be stolen as it still legally belongs to the person who gave it you

Property definition

Money and all other property, real or personal, including things in action and other intangible property (TTA 1968 S4(1))

TTA 1968 s 4(3) and 4(4)

Wild flowers or fruit can't be stolen unless for financial gain (S4(3))


Wild animals can't be stolen unless for financial gain or from a captor (S4(4))

Oxford V Moss

Confidential information isn't property

Doodeward v Spence

Dead bodies aren't property

R V Smith

Illegal drugs are property

Marshall

Reselling unexpired tickets that have been discarded is theft

Kelly

Body parts can be property

TTA 1968 S5(4)

If given something by mistake and under a legal duty to return it but keep it then it amounts to theft

Gilks

Property doesn't have to be returned if there is only a moral obligation to do so

3 circumstances where D won't be dishonest

They believed they had a legal right to the property (Robinson) s2(1)(a)


Belief the owner would have consented (Holden) s2(1)(b)


Belief they couldn't trace owner after taking reasonable steps (small) S2(1)(c)

If they had an honest belief...

Ghosh Test

Objective Test: was the D's conduct dishonest by the ordinary standards of reasonable and honest people?



Subjective Test: did the D realised their conduct would be considered dishonest by these standards

TTA 1968 s6(1)

D has the intention to permanently deprive if they treat the property as their own regardless of the owners rights

Lloyd

If borrowing / lending D must take all the goodness, virtue and practical value to establish intention to permanently deprive

Velumyl

Must return actual property otherwise intended to permanently deprive

A-G ref nos 1+2 of 1979

Conditional intent can be enough to establish attempt

Turner

Can steal own property if someone else has an interest in it

Woodman

Can be in control of property you don't know you possess