Theft

    Cards (6)

    • Theft S1
      Appropriation
      Property
      Belongs to other
      Dishonesty
      Intention to permanently deprive
    • Appropriation - assuming the rights of the property
      GOMEZ - d used stolen cheques to win = dishonest appropriation
      HINKS- befriended man w low iq = dishonest by getting him to give money
    • Property
      Personal (yearworth v north NHS trust) = damage sperm is property

      land is property

      things in action - KHON cheque is a thing in action, paper can be stolen

      CANT BE STOLEN = confidential info (Oxford v moss) no intention to permanently deprive
      plants, fruit….
      animals
      electricity
    • Belonging to another
      R v rostron = d charged theft of golf balls - og owners hav property rights

      Lost and abandoned = still have rights

      property received under obligation = HALL = d travle agent, took deposits, spent it on himself PRINCPLE = conviction quashed even tho he was unloyal there was no specific rule where to spend the money

      got property by mistake = GILKS - got overpayed horse bets, d reslised but kept money = not theft as no obligation to give back money
    • Men’s rea - dishonesty
      Right in law = d believe he has right in law to deprive person of it
      Others consent = d believes the person would give consent if they knew abt it
      Reasonable steps = d attempts to do all steps to find og owner but cant - SMALL= evidence the car was abandoned = not guilty
    • men’s rea - intention to permanently deprive
      VELUMYL = d took money frm desk, said he’d replace it soon PRINCPLE= he didnt intend of giving money bsck
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