Flashcards in Theft Deck (18)
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1
D....
A....
P.....
B....
P.....
Dishonestly
Appropriates
Property
Belonging to another
Permanently deprive
2
Dishonesty exceptions in statute
A)
B)
C)
A) Believes entitled to deal with the property
B) Believes the owner would consent
C) Belief that the property is abandoned
Does not need to be a reasonable belief
3
Determining Dishonesty in Common Law
R v ....
A)
B)
R v Ghosh (1982)
A) was what the defendant did dishonest according to the standards of reasonable and honest people?
B) would the defendant realise the reasonable and honest person would regard what he did as dishonest?
Lord Lane CJ
4
R v Ghosh (1982)
Defendant consultant had claimed fees for an operation he didn't carry out
Led to the common law test of dishonesty
5
Property
Real property;
Personal property;
Things in action;
Intangible property;
Real property- land and immovable things
Personal property- moveable
Things in action- stocks, shares, cheques, cash
Intangible property- patents and copyrights
6
Cannot steal information
Case:
Oxford v Moss (1979)
- Copying exam question cannot be an attempt to permanently deprive
7
Stealing of Body Parts
R v Welsh 1974
- gave urine sample to the police and then ran off with it. Theft
Yaerwoth v North Bristol NHS Trust (2009) discusses the ownership of sperm
8
Belonging to another
R (Ricketts) v Basildon Magistrates Court
R (Ricketts) v Basildon Magistrates Court
- Clothes left outside charity shop
- Theft taking them
9
Smith (Michael Andrew) (2011)
Can steal illegal goods
The defendant was convicted of stealing illegal drugs
10
R v Turner (1971)
Can be convicted of stealing your own property
Drove his car away from the garage without paying
Convicted of theft
11
R v Wain
Collected money on behalf of charity in his own bank account
Treated as trustee and therefore under a legal obligation to use the money for the proper purpose
12
Mistake
Attorney Generals Reference (No1 1983)
A police officer was overpaid her salary
Didn't pay it back, theft
Lord Lane - MR only starts when the person realises this is a mistake
13
R v Shadeikh Cigari (1988)
- Bank wrongly transferred thousands of pounds
- Defendant spent the money
- Theft
14
Abandoned property
R v Small (Adrian)
Took a car which he believed was abandoned because keys had been left in it for over a week
Not guilty as he had a genuine belief it was abandoned
15
Permanent deprivation
R v Lavender (1994)
R v Lavender (1994)
Movement of victims car was theft
16
R v Mitchell (2008)
Moved the car
Left hazard warning lights on
No intention to permanently deprive
17
R v Velumyl (1989)
Stealing from his employers safe
Did not intent to replace with the exact coins and notes
Therefore intention to permanently deprive
18
