A person is guilty of theft if he dishonestly apprioprates property belonging to another with the intention to permantely deprive the other of it.
1 of 22
Name the mens rea for theft?
Dishonest and Intention to permantely deprive.
2 of 22
Name the actus reus for theft?
Appropriates, property, belonging to another.
3 of 22
What is conditional intent?
D examines property to see if there is anything worth stealing.
4 of 22
Name the case for conditional intent?
Easom (handbag in cinema).
5 of 22
Is it theft if D takes money but intends to give the equivalent value back? Give the case?
Simply replacing an equivalent sum of money rather than the actual/ same noted that were taken does amount to intention to permantely deprive. Case Velumyl.
6 of 22
When does appropriation take place?
When D dishonestly obtains property at the moment of deception.
7 of 22
Name the case that proves when appropriation takes place?
Atakpu and Abrahams
8 of 22
Name the case for appropriation?
Morris
9 of 22
Can you commit theft even if tyou have the owners consent? Give case example?
Yes, Lawerence (took more money than taxi actually cost)
10 of 22
Define property in the theft act?
Property includes moeny, real property, personal property, things in actin and intangible property.
11 of 22
Name the case for property recieved under an obligation?
Hassall (members club)
12 of 22
Name the case for property acquired by mistake?
A G Ref (over paid wages)
13 of 22
Name the three ways where D will be guilty of theft but is under an obligation to deal with in a particular way?
Trust property, Property recieved under obligation and property recieved by anothers mistake.
14 of 22
Name the case for belonging to another?
Turner (garage to collect car)
15 of 22
Can V be in control of property if he doesnt know he has it? Give case example?
Yes, Woodman.
16 of 22
Name the three beliefs D could think are genuine?
Belief in a legal right to deprive, belief in the owners consent and belief that the owner cannot be found.
17 of 22
Name the case for belief in legal right to deprive?
Holden (Kwik Fit employee took tyred because another did)
18 of 22
Name the case for Belief that the owner cannto be discovered?
Small (car had been abandoned)
19 of 22
What does intention to permantely deprive mean?
D must intend to permantely deprive at the time of appopriation.
20 of 22
Id D's situation does not fall into the three caterogories what does the court do?
Use the Ghosh Test.
21 of 22
Who will decide if the dishonesty is satisified or not?
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