Cards (25)

    • What defines theft according to the Theft Act 1968?
      Sec 1 of the Theft Act 1968
    • What are the three elements of the Actus Reus (AR) of theft?
      Appropriates, property, belonging to another
    • What are the two elements of the Mens Rea (MR) of theft?
      Dishonestly, intention to permanently deprive
    • 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
    • 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
    • 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
    • If someone acquires property with permission but later keeps it, what legal concept does this illustrate?
      Appropriation
    • 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
    • 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
    • What are the three situations where appropriation is not considered dishonest under S.2 Theft Act 1968?
      1. 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
      2. D believes he would have consent if others knew.
      3. step to find the law for owner cannot be found
    • What is the significance of R v Holden in relation to reasonable belief?
      no need for reasonable belief
    • What is the two-part test for dishonesty in ivey v casinos?
      1. Subjective test: Did D have a genuine belief?
      2. Objective test: Was D's conduct acceptable to ordinary decent people?
    • What does the intention to permanently deprive entail?
      It requires specific intent to deprive
    • 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
    • What does R v Easom state about intention to steal?
      Intention to steal anything worth stealing is insufficient for theft .Conditional intent
    • How long is theft worth in prison?
      up to 7 years
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