Theft

What is a definition of theft?

It's a dishonest appropriation of property belonging to another, with intention to permanently deprive the owner of it

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What is the actus reus of theft and section for each?

s3(1) appropriation, s4 property, s5 belonging to another

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What is the mens rea of theft and section for each?

s2 dishonest, s6 - intention, permanently, deprive

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What is the definition of appropriation?

Assuming any of the rights of the owner or dealing with property that only the owner can

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How is appropriation also known as?

Usurping Owners Rights

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What are the owners rights?

selling it, possessing it, lending it, destroying it, hiring it out, consuming it

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How many of those rights does a person must assume to be guilty of theft?

Any

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What are the facts of Pitham?

Sold old furniture belonging to another person(appropriation). Offer to sell the item = assuming the rights of the owner . Don't have to prove that 1. property was removed from the house or 2. owner was deprived of it

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What is the principal in Pitham?

Rights of the owner include the right to sell the property

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What are the facts of Morris?

Defendant switched price labels on 2 of the products. He put the one with lower price into his basket and went to the self checkout. Before he got a chance to scan it he got arrested and charged with theft

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What is the judgement in Morris?

Its enough for prosecution to prove assumption of one of the rights of the owner

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What is the principal in Morris?

assumption of any of the rights of the owner rather than all

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What assumption it normally is?

Possession

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What doesn't Theft act states?

1-If you can appropriate a property that is given to you by the owner 2- appropriation must be without consent

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What are facts in Lawrence case?

Italian student took a taxi which journey should cost 50p however taxi driver said it was expensive so he gave him another £1 but driver said it wasn't enough so he took his wallet out and told him to help himself after which he took another £6

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What is the judgement in Lawrence case?

HOL rejected argument put forward by taxi driver that owner told him to help himself and therefore consented an said there was an appropriation

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WHat is the principal in Lawrence case?

you can appropriate even when owner gave consent

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What did Lord Roskill said?

Stated obiter dicta in Morris - assumption of any of the rights of the owner

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What is the principal in Gomez?

to be an appropriation when owner gave consent there must be adverse interference

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What are the facts in Gomez?

Defendant was a assitant manger in shop, he persuaded the manager to sell 17k worth of electrical goods for 2 cheques. Those turn out to be stolen and invalid

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What is the judgement in Gomez?

COA quashed the conviction as he relied o the argument in Morris . Therfore here had to be adverse interference for appropriation

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What are the facts of Hinks case?

Defendant was a 38 year old woman who befriended naive man with low IQ. She went with him on many occasions to his building society. She persuaded him to withdraw 60k and put this on her account. He also got her a TV set.

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What is the prinicpal in Hinks case?

You can be guilty of theft even when the property is a valid gift

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What is the judgement in Hinks case?

Judge directed the jury to consider if man was mentally incample and if D realised that. Also if a normal person would regard it as dishonest gift. She appealed on the basis that it was a valid gift but it was dismissed by 3 to 2 judges.

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What is unusual about Hinks case?

It caused a conflict between civil and criminal law. This is because under civil law the gift would be regarded as valid however state has a role to protect the vunerable people so they had to interpret the act in a way to make the woman guilty.

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What was established in Gomez case?

That appropriation must be at one point in time

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What happened in case of Atakpu and Abrahams

Defendants rented cars in Germany and Belgium with fake driving license and passports. They were arrested in Dover.

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What is the principal in Atakpu and Abrahams?

Appropriation must be at one point in time

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What was the judgement in Atakpu and Abrahams?

Although they were charged with theft COA quashed it o the basis in Gomez - appropration( obaining of the cars) took place in Germany - outside English jurisdiction of English Courts. Stole in Germany but was driving them in England = no appropration

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What does S3(1) makes clear? Give example?

Where defendant acquires a property without stealing it but later on decided to KEEP or DEAL that's when appropriation takes place. E.G. when rent cars for 7 days amd dont return back after days passed they intended to keep it and will be guilty

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What does S3(2) states?

If you brought the goods in a good faith and they turn out to be stolen you will not be guilty of theft

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S4- Property- includes?

money, real property(land, budilings, structures, fixtures), personal property(plane, jewellery, CD'S), things in action, other intangible property(patents,shares,cheques)

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Property caused problems and led to what.. ?

Law Amendment Act 1996 with case of Preddy

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What happened in Kelly and Lindsay case?

Kelly was a sculptor, she asked Lindsay who was a lab assistant in Royal College of Surgeons to steal body parts out of which she made casts.

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What was the judgement in Kelly and Lindsay case?

They were both convicted of theft but appealed on the point that body parts are not a property. They held that body parts are a property due to its attributes e.g. dissection, preservation, exhibition or teaching purposes

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What is the principal in Kelly and Lindsay case?

Body parts are a personal property due to its attributes

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What is real property?

It's a legal term for land or buildings (under S4(1) states land can be stolen

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What dies S4(2) states?

Land can be stolen under 3 circumstances and those include: 1-Trustee/PR takes a land in breach of their duties 2- smeone who isnt in possession of the land takes anything that forms this land .e.g. grass from back-garde 3- tenant takes fixture or st

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What was man prosecuted for in a Cleckheton

He was prosecuted for stealing the Cleckheton Railway Station by dismantling an removing it. But was acquitted as he said he was acting under a claim of right

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What is Smith about?

How illegal drugs can be stolen

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What are things in action?

It's a right that can be enforced against another person by an action in law. They include checques,bank account e.g. if defendant causes a debit on someone else account he appropriated a thing in action but when done dishonestly/intention to deprive

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What are intangible properties?

Rights which have no physical presence but can be stolen under Theft Act 1968

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What happened i case of Oxford V Moss?

Defendant was a university student who acquired a proof of examination paper he was due to sit. He dint mean to permanently deprive university of the piece of paper where questions have been printed off

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What was the judgement in Oxford V Moss?

Although he was charged with theft of confidential information i.e. knowledge he was not guilty of theft

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What is the principal in Oxford V Moss?

Information/Knowledge is not a property

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Some stuff cannot be stolen under what section is it set?

Under s4(3) and s4(4) of Theft Act 1968

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What stuff does it include?

Fungi, Flowers, Foliage, Wild Fruit HOWEVER EXCEPTION is when done for REWARD or SALE

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What is another exception of things that cannot be stolen?

If flowers are from someones garden or fruits from someones farm then will be guilty of theft but not when they grow wild in hedgerow of fields

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What does Wildlife and County Side Act 1981 states?

It's an offence to pick, uproot r destroy certain plans

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Elctricity is what type of property

It's a intangible property which CANNOT BE STOLEN but dishonest use, waste or diversion is covered under S13

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Theft

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