Theft

• What is the main definition of theft according to the Theft Act 1968?

  A person dishonestly appropriates property belonging to another with the intention to permanently deprive
• What are the two main components of the Theft Act 1968?

  Actus reus and mens rea
• 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 constitutes appropriation under Section 3 of the Theft Act?

  Assumption of the rights of an owner
• In Pitham v Hehl, what was considered an appropriation?

  Right to sell property of the owner
• What does the case of Morris illustrate about appropriation?

  Switching price tags is appropriation
• According to Lawrence, can a defendant still appropriate property if the victim consents?

  Yes, consent does not negate appropriation
• What is the significance of Gomez in relation to appropriation?

  Appropriation occurs when rights are assumed
• How does Hinks relate to the concept of appropriation?

  A gift can be considered appropriation
• What types of property are included under Section 4 of the Theft Act?

  Money and all other property types
• When do body parts become property according to Kelly v Lindsell?

  When they acquire different attributes
• What is the legal term for land and buildings?

  Real property
• Under what circumstances can land be stolen?

  Trustee takes land in breech of duty

  person not in possession of land severs anything

  or tenant takes a fixture or structure from land
• What does Section 4(3) state about flowers, fruit, or foliage?

  Only theft if done for commercial purpose
• What does Section 4(4) state about wild creatures?

  Cannot be stolen unless tamed
• How is property regarded as belonging to another under Section 5?

  Possession, control, or proprietary rights
• What does the case of Turner illustrate about possession?

  possession can be delegated
• Under what condition can a defendant be guilty of theft if property does not belong to another?

  Receiving property under obligation to retain
• What does Bunnett's case illustrate about obligation in theft?

  Guilty of theft under obligation
• What does Section 5(4) state about property received by mistake?

  Obligation to restore property to avoid theft
• What does Section 2 state about dishonesty?

  Motive is irrelevant if theft elements proven
• What are the three situations under Section 2(1) where a defendant is not considered dishonest?

  Legal right, consent, or cannot find owner
• What is the Ivey test for dishonesty?

  Defendant's knowledge and ordinary standards
• What constitutes intention to permanently deprive under Section 6?

  Treating the thing as one's own to dispose
• How does the case of Velumyl relate to intention to permanently deprive?

  Intention to deprive despite repayment promise
• Under what conditions can borrowing or lending amount to treating property as one's own?

  If it is equivalent to outright taking