Theft

    Cards (31)

    • What is the main statute governing theft in the UK?
      Theft Act 1968
    • What does actus reus refer to in the context of theft?
      Appropriating property belonging to another
    • What does mens rea refer to in the context of theft?
      Dishonesty and intention to permanently deprive
    • What is the definition of appropriation under Section 3 of the Theft Act?
      Assumption of the rights of an owner
    • Why is the definition of appropriation broad according to the courts?
      To allow decisions based on objective dishonesty
    • What does it mean to assume the rights of an owner?
      To take over the owner's rights
    • In R v Morris (1983), what was established about appropriation?
      Assumption of rights occurs even without removal
    • Can appropriation occur without the intention to steal?
      Yes, if the decision to keep is made later
    • What types of property are included under Section 4?
      Money and all other property, real or personal
    • Can land be stolen according to Section 4 of the Theft Act?
      Only in three limited circumstances
    • What is the rule regarding wild mushrooms and flowers?
      They cannot be stolen unless for commercial purposes
    • Can electricity be stolen?
      No, but diverting electricity is an offence
    • Why can't body parts usually be stolen?
      They are not considered property
    • What does real property refer to?
      Land and buildings
    • What is a 'thing in action'?
      A right enforceable in law
    • What does intangible property refer to?
      Property without physical presence
    • What is the significance of R v Turner regarding belonging to another?
      Property belongs to another if in their possession
    • How does possession or control relate to theft?
      Possession or control can constitute ownership
    • What is the definition of ownerless property?
      Truly abandoned when the owner is indifferent
    • What can lead to a charge of theft regarding assumed goods?
      Assuming goods are abandoned can lead to theft
    • What happens if property is paid with conditions?
      It remains property belonging to another if conditions are unmet
    • What is the rule regarding property obtained by mistake?
      It remains owned by the giver if given away mistakenly
    • What are the two parts of mens rea in theft?
      Dishonesty and intention to permanently deprive
    • What must a defendant believe to not be deemed dishonest?
      They must believe they have a legal right
    • How to decide whether dishonest
      It must be a genuine belief, not necessarily accurate or even reasonable.
      r v Robinson
    • What does Section 2(2) state about willingness to pay?
      Willingness to pay does not negate dishonesty
    • What was established in Ivey v Genting Casinos regarding dishonesty?
      cast doubt on gosh test - Barton v booth 2020
    • What is the new test for dishonesty?
      Assess the defendant's knowledge and ordinary standards
    • What is required to prove intention to permanently deprive?
      Evidence of the defendant's intention to deprive the victim
    • What case illustrates intention to permanently deprive?
      DPP v Lavender
    • S1 theft act 1968
      A person is guilty of theft if he dishonestly(2) appropriates (3) property(4) belonging to another(5)with the intention of permanently depriving another of it(6)
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