Property Offences- Theft Flashcards Preview

A Level Law > Property Offences- Theft > Flashcards

Flashcards in Property Offences- Theft Deck (25)
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1

AR of theft

The appropriation of property belonging to another

2

MR of theft

D acting dishonestly with the intention of permanently depriving another of it

3

Law on theft is defined in

S1 of theft act

4

Category of offence

Triable eitherway

5

Max sentencing

7 years

6

Appropriation-
Morris

Removed articles from shelves and switched labels on items. Their intention was to pay lower price , developed appropration as switching labels is appropriation when attempting to pay lower price

7

Appropriation

Lawrence

D a taxi driver took a further £6 from a Italian tourist, and argued it was consented. Belief or absence of belief of consent isn’t consent. An appropriation can take place without consent from owner.

8

Appropriation

Gomez

D was asked by B, to supply goods (money) in exchange of 2 cheques that D knew were stolen. D got the authority from manager, but didn’t tell him it was stolen. Consent from manager irrelevant still an appropriation

9

Appropriation

Hinks

D, a career of an old man of low intelligence persuaded him to give gifts to her totalling £60,000. Agreed with Lawrence and Gomez that it was irrelevant whether the act of appropriation was done with/without consent

10

Property

Oxford v moss

D, a uni student obtained a copy of an exam paper, read it and replaced it. It was never his intention to take the paper away. Information in the paper didn’t amount to intangible property

11

Property

Turner No2

T left car at a garage for repairs and took it back using spare key without paying. Convicted, even as a owner, as the car was in control and possession of garage. Can be convicted of theft of your own property.

12

Property

Kelly and Lindsay

D stole body parts and burned them. There was an exception to the common law rule that there’s no property in a corpse. Parts of corpse were capable of being property, the college had possession

13

Property-

Woodman

D took scrap metal from disused factory site. The occupiers didn’t know it was there. A person has possession of any property on his land, even if he’s not aware.

14

Belonging to another

R v Basildon magistrates court

Took bags from a charity shop, claiming it had been abandoned. Convicted, property belonged to another (charity shop)

15

Belonging to another

Hall

D a travel agent received money form clients for a holiday. No flights were materialised and no money refunded. Not guilty, as although d had a contractual obligation to client he couldn’t be guilty as no special arrangements were made

16

Belonging to another

Webster

Sold a medal, convicted of theft. If property was received there can still be theft if there’s an obligation to deal with the property in a particular way. Belonging to another.

17

Dishonest

Davidge v Burnett

D received cheques from flat mate to pay for gas bill. D spent the money on Xmas presents. Liable under S5 theft act, as the cheques has been given with the obligation to pay bill

18

Dishonest

Attorney general ref (no1)

Women mistakenly overpaid £74 for her salary she didn’t tell her employer she had dishonest intent

19

Dishonest

Gilks

D was overpaid winnings by mistake from a bookmaker, d knew it was a mistake and kept money. Guilty, D’s conduct was dishonest conviction upheld

20

Dishonest

Ghosh

D a surgeon claimed money in respect of operations he’d not carried out. Conviction upheld. Must decide if D was dishonest by looking at the ordinary standards of reasonable& honest people. If it was dishonest, jury must consider whether D realised what he was doing was dishonest. Develops test for dishonesty

21

Dishonest

Ivey v getting casinos

Man tried to rob a casino, overruled Ghosh test. Shifts to objective test would a reasonable person think he was dishonest

22

Intention to permanently deprive

Velumyl

V was a manager who took money from office safe, intending to turn it when he was repaid the money owed. Conviction upheld as he interested to permanently deprive intention to replace with different notes was irrelevant

23

Intention to permanently deprive

Zerei

D approached a car told V he was going o take the car, d punched v pulled out a knife took keys and drove off. Robber conviction quashed due to misdirection

24

intention to permanently deprive

DPP V lavender

L took doors from council property and used them. Conviction upheld. They belonged to council and had intention

25

Intention to permanently deprive

Lloyd

L lent film from Friend took a copy of it and gave it back. No intent to deprive as he gave back the original copy not guilty