Theft

• What constitutes theft according to the definition provided?

  Dishonestly appropriating property with intent to deprive
• What does S.3 of the Theft Act define?

  Appropriation as assuming the rights of the owner
• What case illustrates that taking and abandoning is considered appropriation?

  R v Vinall
• What does R v Pitman and Hehl demonstrate regarding appropriation?

  Assuming the right to sell is appropriation
• What does R v Morris establish about appropriation?

  Presumption of rights in appropriation
• What does Lawrence v Commissioner for Metropolitan indicate about consent?

  Permission can later be seen as theft
• How does R v Gomez further the concept of consent in appropriation?

  It builds on the idea of consent and theft
• What does R v Hinks clarify about consent without deception?

  Consent can exist without deception
• When does appropriation occur according to R v Atakpu and Abrahams?

  When a person first assumes the rights of an owner
• What is meant by 'later assumption of rights' in theft?

  Assuming ownership after obtaining goods
• What types of property are included under S.4?

  • Money (notes and coins)
  • Personal property (tangible items)
  • Real property (land and structures)
  • Things in action (legally enforceable rights)
  • Intangible property (no physical existence)
• What is the definition of money in the context of theft?

  Only notes and coins
• What does personal property refer to?

  Tangible items owned by individuals
• What does real property include in the context of theft?

  Land and structures owned by individuals
• What does R v Webster illustrate about proprietary interest?

  Owner can be guilty if someone has interest
• What does R v Hall clarify about property received under an obligation?

  No specific request means no theft
• What does Klineberg and Marsden state about deposits?

  Deposits must be handled under obligation
• What does Davidge v Bunnett indicate about obligations?

  Obligations can arise in informal situations
• What does A-G's Reference (No.1 of 1983)(1985) state about property received by mistake?

  Property given by mistake becomes the defendant's
• What is the mens rea of theft according to S.2?

  Dishonesty
• What constitutes dishonest behavior in theft?

  Willingness to pay but acting dishonestly
• What does R v Small illustrate about belief in theft?

  Defendant must convince jury of honest belief
• What are the three beliefs that negate dishonesty?

  1. Right to deprive
  2. Consent if known
  3. Owner cannot be discovered
• What does the willingness to pay imply in theft cases?

  Leaving money does not negate dishonesty
• What is the two-stage test from R v Ghosh?

  Defendant's knowledge and ordinary standards of honesty
• What did Ivey v Genting Casinos Ltd change about the Ghosh test?

  Second part of the test was modified
• What is the new test established by Ivey v Genting Casinos Ltd?

  1. Establish defendant's knowledge
  2. Assess conduct by ordinary standards
• What does S.6 state about intention to permanently deprive?

  Intention exists even if property is replaced
• What does R v Lloyd state about borrowing?

  Borrowing is theft if equivalent to taking
• What does R v Velumyl illustrate about intention to permanently deprive?

  Intending to replace still shows intention
• What does Raphael and another indicate about treating property as one's own?

  Treating property as own shows intention to deprive
• What does DDP v Lavender clarify about appropriation?

  Appropriation can occur without permanent loss
• What does The Chief Constable of Avon and Somerset Constabulary v Smith state about later appropriation?

  Later appropriation can establish theft allegations