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criminal
property offences
theft
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Cards (24)
s1 theft act
1968
def
- a person is
guilty
of
theft
is he
honestly
appropriates property
belonging
to another with the
intention
to
permenantly deprive
the otherm of it
s(3)
appropriation
- assumption of the rights of the owner
doesn't have to be all rights (
morris
)
appropriation
even if its a
gift
(hinks)
owner has
consented
and still have appropriation (
lawrence
)
property s(4)
- money, real or personal property, things in action and other intangible property
info cannot be
stolen
(
oxford
v
moss
)
includes body
parts
(
kelly
v
lindsay
)
export quota
can be
stolen
(a-g of hong kong)
s(
4
)
3
-
mushrooms
or
foliage
are
not
theft unless its for
sale
s(
4
)
4
-
wild cretures
cannot be
stolen
unless
reduced
into
possession
property
must
belong
to another - s(5) - must have
possession
or
control
can steal own property (
turner
)
aquire property
by
mistake
you must return it (
a-gs
ref)
can be in
posession
even if you are
unaware
(
woodman
)
betting transcations are
not
enforceable (gilks)
s(
2
) -
dishonesty
not dishonest
- right in law - owner
consented
-
reasonable
steps to find
ivey v genting casinso
- subjective tests
s(6)
intentio
to
permenantly
deprive
must replace exact thing that was taken (
velumyl
)
goodness
and
practical
values must (eason)
dispose
can mean
deal
(lavender)