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