Theft

• What is the sentencing for theft?


  Maximum 7 years
• What are the 5 components that make up theft?

  1. s.2 Dishonesty
  2. s.3 Appropriation
  3. s.4 Property
  4. s.5 Belonging to another
  5. s.6 Intention to permanently deprive
• Give a case for conditional intent?


  Easom
• Give a case for belonging to another


  Turner
• Give a case for Appropriation


  Morris
• Give a case for Dishonesty


  Barton & Booth
• What cannot be stolen?

  Wildlife and confidential information
• What is S.2(1)(a) in dishonesty?

  D believes he has a legal right to deprive the other
• What is s.2(1)(b) in dishonesty?

  D believes in the other's consent
• What is s.2(1)(c) in dishonesty?

  D believes the owner cannot be found through reasonable steps
• What are the two questions that form the Barton & Booth test?

  What was the defendant's actual state of knowledge and belief as to the facts?

  Was his conduct dishonest by the standards of ordinary decent people?
• What is intention to permanently deprive?

  D treats the property as his own dispose of regardless of the others rights

  Property is borrowed in circumstances equivalent to an outright taking
• What case is for using property as his own dispose?

  Velumyl
• What case is for outright taking?

  Lloyd