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Theft
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Cards (31)
What is the main statute governing theft in the UK?
Theft Act 1968
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What does actus reus refer to in the context of theft?
Appropriating
property
belonging to another
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What does mens rea refer to in the context of theft?
Dishonesty
and intention to
permanently
deprive
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What is the definition of appropriation under Section 3 of the Theft Act?
Assumption of the rights of an
owner
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Why is the definition of appropriation broad according to the courts?
To allow decisions based on
objective dishonesty
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What does it mean to assume the rights of an owner?
To take over the
owner's
rights
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In R v Morris (1983), what was established about appropriation?
Assumption of rights
occurs even without removal
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Can appropriation occur without the intention to steal?
Yes, if the decision to keep is made later
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What types of property are included under Section 4?
Money and all other property, real or
personal
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Can land be stolen according to Section 4 of the Theft Act?
Only in three
limited
circumstances
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What is the rule regarding wild mushrooms and flowers?
They cannot be stolen unless for
commercial purposes
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Can electricity be stolen?
No, but diverting electricity is an
offence
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Why can't body parts usually be stolen?
They are not considered
property
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What does real property refer to?
Land and buildings
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What is a 'thing in action'?
A right
enforceable
in law
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What does intangible property refer to?
Property without
physical
presence
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What is the significance of R v Turner regarding belonging to another?
Property belongs to another if in their
possession
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How does possession or control relate to theft?
Possession or control can constitute
ownership
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What is the definition of ownerless property?
Truly abandoned when the owner is
indifferent
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What can lead to a charge of theft regarding assumed goods?
Assuming goods are
abandoned
can lead to theft
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What happens if property is paid with conditions?
It remains property belonging to another if conditions are
unmet
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What is the rule regarding property obtained by mistake?
It remains owned by the
giver
if given away mistakenly
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What are the two parts of mens rea in theft?
Dishonesty
and
intention
to
permanently
deprive
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What must a defendant believe to not be deemed dishonest?
They must believe they have a
legal right
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How to decide whether dishonest
It must be a genuine belief, not necessarily accurate or even reasonable.
r v Robinson
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What does Section 2(2) state about willingness to pay?
Willingness to pay
does not
negate
dishonesty
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What was established in Ivey v Genting Casinos regarding dishonesty?
cast doubt on gosh test - Barton v booth 2020
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What is the new test for dishonesty?
Assess the
defendant's
knowledge and ordinary
standards
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What is required to prove intention to permanently deprive?
Evidence of the
defendant's
intention to deprive the
victim
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What case illustrates intention to permanently deprive?
DPP v Lavender
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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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