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Criminal Law - Prop
Property Offences - Theft
| Question | Answer |
|---|---|
| Theft statute | Theft Act 1968 |
| definition of theft | dishonestly appropriating property belonging to another with intent to permanently deprive them of it |
| Theft act s2 | Dishonesty |
| Theft act s3 | appropriating - assumption of the rights of an owner |
| Theft act s4 | property - doesn't include plants growing wild 4(3), or wild animals 4(4) |
| Theft act s5 | belonging to another |
| Theft act s6 | Intent to permanently deprive - doesn't include borrowing/lending |
| Pitham and Hehl | D sold furniture belonging to another in their house - held to be appropriation |
| Morris | swapping the price labels was appropriation as they assumed the rights of the owner |
| Lawrence v Commissioner for Met Police | Appropriation when the taxi driver took more money than needed from Italian students wallet (no consent) |
| Gomez | An appropriation can occur even when the owner of the property gives consent (manager didn't know they were stolen cheques) |
| Hinks | Gift was an appropriation (John Dolphin) |
| Kelly and Lindsay | Body Parts = property |
| Oxford v Moss | Exam papers are intangible property (information) + no IPD (borrowing papers) |
| Akbar | Teacher takes 5 GCSE papers with intent to permanently deprive |
| Ivey v Genting Casinos | Overules Ghosh and outlines new dishonesty test which was confirmed in Criminal law by Barton and Booth |
| Dishonesty test | (1) What was D's knoweledge as to the facts? (2) Was this dishonest by the standard of the reasonable person? |
| Small | not dishonest - honestly believed the car was abandoned |
| Turner | D took his car from repair shop using a spare key - the car belonged to the repair shop so it was theft |
| Woodman | Some scrap on site had been left behind and taken by D - belonged to someone else even though they didn't know of it |
| Ricketts v Basildon Magistrates Court | Goods left outside charity shop as a donation - belonged to donor until the charity shop took it |
| Klineberg and Marsden | D didn't fulfil obligation of using deposits for timeshare apartments - so money belonged to another |
| Davidge v Bunnett | D bought presents with money collected from flatmates to pay bills - £ belonged to another due to not fulfilling obligation |
| AG's Ref No.1 1983 | D recieved an overpayment of wages into bank account - under an obligation to return wages - belonged to another |
| Cahill | D picks up newspapers and dumps them outside mates door - no IPD (going to return) |
| Velumyl | D took cash from office safe - going to replace later - IPD because different physical banknotes will be returned |
| DPP v Lavender | D took doors from a council property to replace one that was damaged - IPD because he deprived council of use of door |
| Lloyd | Projectionist at cinema gave D a film to make a copy of - no IPD |
| Zerei | Car joyride - no IPD as they plan on returning it |
| Easom | D rummaged through a handbag at a cinema, and replaced it without taking anything - no IPD |
Created by:
Oscar.G
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