• Created by: __Jess
  • Created on: 22-03-23 19:00
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  • Theft
    • Found in S1 of the Theft Act 1968
    • Actus reus
      • The appropriation of property belonging to another
        • Appropriation
          • Assuming the rights of the owner
            • R v Morris
          • Can still occur with the owner's consent
            • DPP v Gomez
            • Lawrence v MPC
          • Cannot just be a deception
            • R v Briggs
          • A gift can be appropriation if D has acted dishonestly
            • R v Hinks
        • Property
          • Money and all other property, real or personal, including things in action and other intangible property
          • Exam questions are not property
            • Oxford v Moss
          • Borrowed property must be paid back with the exact same thing
            • R v Velumyl
          • Property includes prohibited drugs
            • R v Smith
          • Property does include body parts
            • R v Kelly
          • Bodily fluids can be stolen
            • R v Welsh
          • Wild flora are nobody's property
        • Belonging to another
          • A person can steal their own property if it is in the temporary control of another
            • R v Turner (no.2)
          • A person must deal with property as per instructions
            • R v Webster
            • Davidge v Bennett
            • R v Hall
          • A person has a legal obligation to return property received by mistake
            • AG's Reference (No 1 of 1983)
            • R v Gilks
            • No appropriation if they are unaware
              • Moynes v Cooper
    • Mens rea
      • Dishonestly
        • Defendant must know what he is doing is wrong
          • R v Holden
        • Defendant must believe that the owner cannot be found after following reasonable steps
          • R v Small
        • Dishonesty is objective
          • R v Barton and Booth
      • With intention to permanently deprive
        • Defendant treats the property as their own, despite real owner's rights
          • R v Velumyl
          • R v Lavender
        • If the goodness is taken out of it
          • R v Bagshaw
        • No intent to permanently deprive if items were returned
          • R v Lloyd


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