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Cases
Criminal
Theft
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Created by
charlotte brown
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Cards (14)
Appropriation can include: taking and abandonment
Vinall
Appropriation can include: assuming the right to sell
Pithan
and
Hehl
The appropriation must occur in the country
Atakpu
and
Abrahams
Consent is not valid with deception
Lawrence
Confidential information cannot be stolen
Oxford
Body parts can be stolen
Kelly
and
Lindsay
It is possible for an owner to steal their own proerty if another person retains proprietary interest
Turner
There is an obligation to return property if it was acquired by mistake
Webster
[obligation to return property acquired by mistake] is not the case for gambling
Gilks
The test for dishonesty is in two parts: what was the D's state of mind at the time (subjective) and would it be dishonest by ordinary standards
Ivey
,
Barton
and
Booth
There is no dishonesty where the D believes they have the right to deprive
Robinson
There is no dishonesty if the owner cant be found after abandonment
Small
If an item is returned in its origional state there is no intention to permanently deprive
Lloyd
If an exact copy of the item is returned there is an intention e.g. cash
Velumyl