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Law paper 1
offences against property
Theft
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Cards (25)
What defines theft according to the Theft Act 1968?
Sec 1
of the Theft Act
1968
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What are the three elements of the Actus Reus (AR) of theft?
Appropriates
, property,
belonging
to another
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What are the two elements of the Mens Rea (MR) of theft?
Dishonestly
, intention to
permanently
deprive
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What does "appropriates" mean according to the s.3 of the Theft Act 1968?
Assumption of the
rights
of an owner and dealing with someone as if it is your
own
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What are the ways a thief can appropriate property?
Change
it
Sell it
Consume
it
Hire it
Use it
Give
it away
Hire it out
Destroy
it
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what is the pol of Pitman v Hehl
So long as you have
assumed
one of the rights of a
owner
you are
appropriating
property there is no need to deprive owner of property
Rv lawernence pol?
still an
appropriation
if you consent to a
dishonest
remark or action as it is not true
consent
R v hinks
if you as a person accept something
dishonestly
it can amount to an
appropriation
What is the legal reference for the definition of property in theft?
Section 4
of the
Theft Act
1968
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If someone acquires property with permission but later keeps it, what legal concept does this illustrate?
Appropriation
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What are the key components of property as defined in the Theft Act 1968?
Money
Real
property-Not moveable
Personal property-moveable
Things
in action
Other intangible property
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Is it theft to take wild flowers, mushrooms, or fruit from the wild?
no
, unless you are the person uses it for reward or sale or for other
commercial property
Is it theft to severed off something of the land
only if you
intend
to
steal
the thing itself
What does sec.11 of the theft act say?
That it is not theft to take
electricity
as it s a separate offence
What case pol is that information cannot be stolen?
Oxford v moss
What cases applies to belong to another?
R v turner -whoever is in
possession
of it or
control
R v Webster -whoever as a
proprietary
interest
in it (rights)
Pol of R v
hall
/
davidge
v bunnet (appropriat)
Property
recieved during an
obligation
you have to deal with it the
same
way
in r v hall there was
no
obligation
What is the definition of dishonesty?
There is no definition but it states it is in
immaterial
and the motive of D is not relevant
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What are the three situations where appropriation is not considered dishonest under S.2 Theft Act 1968?
D believes they have a in
law
right to deprive others.R v
Robbison
he didn't have Mens rea as he belived he was entilted to money
D believes he would have
consent
if others knew.
step to find the law for owner
cannot
be found
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What is the significance of R v Holden in relation to reasonable belief?
no need for
reasonable
belief
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What is the two-part test for dishonesty in ivey v casinos?
Subjective test: Did D have a
genuine
belief?
Objective test: Was
D's
conduct
acceptable
to ordinary decent people?
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What does the intention to permanently deprive entail?
It requires
specific intent
to deprive
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What does R v Velumyl and R v Llyod state about intention to deprive?
You must return the exact
property.
If you borrow return or lend to it’s
original
state
it does not show intention to permanently deprive
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What does R v Easom state about intention to steal?
Intention
to
steal
anything worth stealing is
insufficient
for theft
.Conditional
intent
View source
How long is theft worth in prison?
up to
7
years
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