Property Offences; Theft and Fraud Flashcards Preview

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Flashcards in Property Offences; Theft and Fraud Deck (17)
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1
Q

S. 1 Theft Act 1968

A

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

2
Q

S. 4 Theft Act 1968; Property definition

A

Property definition is money and real or personal property

Land cannot be stolen (but some things on land can be stolen)

-Intangible property cannot be stolen (oxford v Moss)

3
Q

Borrowing

A

Borrowing becomes appropriation when the individual decides to permanently keep the item

4
Q

Appropriate

A

-Don’t need to take property to assume rights
Pitham & Hehl

Rights of owner include possess, sell, use, destroy, damage
R v Morris

5
Q

Appropriation can occur even with consent

A

The owner can consent but appropriation can still occur
Lawrence v MPC
R v Gomez

6
Q

Appropriation and Gifts

A

A gift can be appropriation of property if it is obtained Dishonestly
R v Hinks

7
Q

Theft: Intentionally abandoned items

A

Property belongs to another when they have possession and control over it or a property right/interest

If no one has this and the item has been intentionally abandoned then it can’t be stolen
Parker v British Airways

Exception
If the item is on property where they can exclude the D then it is appropriation
Hibbert v Mckiernan (golf course/balls)

8
Q

Appropriation; Bailey and property

A

If your property is given to a Bailiff then you can steal your own property back
R v Turner

9
Q

Appropriation; given property for a specific use

A

If you are given property for a specific use then you are obliged to use it in that way
Davidge v Burnett

Except (if you normally just receive the funds and are allowed to place them in a general account)
Huskission

10
Q

Theft; Mens Rea

A

Intention to Permanently deprive ( you don’t actually have to deprive them of it)

If you borrow and return qualitatively the same thing its still theft
Velumyl

11
Q

Theft; Section 6, Borrowing and exhausting value

A

Borrowing property and treating it as your own and make it to an outright taking by giving it back to the owner once you have exhausted its value, is theft.

12
Q

Theft; Mens Rea; Dishonesty

A

Dishonesty not defined in the Act, but gives some states of mind that are inconsistent with dishonesty:

A) Belief that D has in law a right to deprive property
B) Belief that D would have the owners consent if the owner knew
C) appropriates property in belief that D cannot find the rightful owner by taking reasonable steps (finders keepers)

13
Q

Theft; Dishonesty; Gosh Test

A

Test for dishonesty is an Objective Test

1) Jury must consider if the conduct of D was dishonest according to the standards of “ordinary reasonable and honest people”
If he is dishonest by this standard

2) the Jury must consider if D realized that

14
Q

Fraud Act 2006

A

D makes a false representation as to Fact or law, including the state of mind

15
Q

Fraud; Actus Reus

A

Express representation of Fact:
nothing wrong with car

Implied representation by the buyer
-A cheque says you have banks authority

Implied representation by the seller
-sell a car in front of house;implies it is your house

Implied by conduct

  • paint over rust on a car
  • staying silent when you have a duty to disclose
16
Q

Fraud: Mens Rea

A

Dishonesty as per the Gosh Test:
1) Jury must consider if the conduct of D was dishonest according to the standards of “ordinary reasonable and honest people”
If he is dishonest by this standard

2) the Jury must consider if D realized that

ALSO
Intention to
i) make a gain for oneself or another
ii) cause a loss or expose another to a risk of loss

17
Q

Theft Act 1978: Making off without Payment

A

Actus Reus:
D departs from the spot where payment is due
R v McDavitt

Mens Rea:
-Gosh test of Dishonesty
-Intention to Avoid Payment of Amount
R v Allen