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Crime 8
Theft
Term | Definition |
---|---|
S1 Theft Act 1968 | Definition of theft |
S2-6 Theft Act 1968 | Explain elements of definition of theft |
Dishonestly/intent to permanently deprive | MR of theft |
Appropriation of property belonging to another | AR of theft |
Pitham & Hehl | Offering someone's property for sale = appropriation |
Morris | Switching price labels = appropriation |
Lawrence v Met Police Cmr | D appropriated V's money with consent! |
Hinks | Gift was an appropriation |
Oxford v Moss | Exam Qs were not (intangible) property |
Kelly & Lindsay | Body parts = property |
Patent, bank account, export quota | Examples of intangible property |
Wild plants, fungi, animals (other than for resale) | Things that cannot be stolen |
Turner | Man convicted of stealing his own car |
Woodman | V unaware that he had possession of property (scrap metal) |
Small | Car belonged to nobody |
Ricketts v Basildon MC | Bags of clothes outside charity shop still belonged to V |
Klineberg & Marsden | Timeshare - money handed over for a purpose |
Davidge v Bunnett | Flatmate kept the xmas present money! |
Velumyl | Money from safe - intended to put different banknotes back in later |
Lavender | Took doors from one council property & put on another |
Lloyd | Projectionist 'borrowed' films - not theft |
Hall | Took fat, accomplice tried to sell it back - was an IPD |
Zerei | Car taken but abandoned nearby - no IPD |
S2(1) TA 1968 | D not dishonest if he believes he has a right to take property or owner can't be found |
Ivey v Genting Casinos | Overrules Ghosh - new test for dishonesty |
Section 3 | S - Appropriation |
Section 4 | S - Property |
Section 5 | S - Belonging to another |
Section 2 | S - Dishonesty |
Section 6 | S - IPD |
Barton & Booth | Confirms Ivey test for dishonesty |
A-G Ref (No 1 of 1983) | Keeping overpaid wages = theft |