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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

Which Act is relevant to theft?

Theft Act 1968 s1