AR - Theft

• What are the three elements of the actus reus of theft?

  Appropriation (s3)

  Property (s4)

  Belonging to another (s5)
• What section is the law on "Appropriation" found?

  s3
• What is "appropriation" defined as?

  Any assumption by a person of the rights of an owner
• What does "Assumption" mean in the context of the law?

  To take responsibility for
• What does "Rights of an owner" mean?

  To use the stolen item in any way
• What are some actions that could mean the rights of an owner are assumed?

  To: use, sell, repair, dispose, etc.
• What case states that appropriation can include consenting to the appropriation?

  Lawrence
• What does Lawrence say about an appropriation?

  There will still be an appropriation even where the owner has consented to the appropriation
• Which case states that there can still be an appropriation even if receiving a valid gift?

  Hinks
• What does Hinks say about an appropriation?

  There can still be an appropriation even if receiving a valid gift
• What section is the law on "Property" found?

  s4
• What is "Property" defined as?

  Property includes money and all other property, real or personal, including things in action and other intangible property
• What are "things in action"?

  Money in the bank or cheques
• What is "other intangible property"?

  Electricity, internet, licenses, etc.
• According to Smith, what can property also include?

  Illegally held property
• What is some property that cannot be stolen?

  Land

  Mushrooms, flowers, fruit or foliage growing wild unless picked for financial gain

  Wild creatures; unless tamed, in captivity or in the possession of another

  Confidential information
• Which case states that confidential information (held on paper) is not property?

  Oxford
• What section is the law on "Belonging to another" found?

  s5
• What is "Belonging to another" defined as?

  Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest
• What case is it where the D. had an obligation to deal with property in a certain way but didn't?

  Davidge
• What case it where the property has been given to the D. by mistake and the D. is under obligation to return it?

  A-G Ref.
• What can "Belonging to another" include according to s5?

  Anyone:

  With possession or control,

  Who has given the property to the defendant with an obligation to deal with it in a certain way (Davidge)

  Who has given it to the defendant by mistake (A-G Ref.)
• What case states that property can belong to another even if it is abandoned?

  Ricketts
• Which case states that where property is appropriated by true owner/person with right of ownership, they may still be guilty of theft?

  Turner
• What case states that where a person appropriates illegal drugs from another, still theft?

  Smith
• According to Welsh, what can property also be?

  Bodily fluids
• According to Kohn, what can property also be?

  A cheque
• According to Chan, what can property also be?

  Licences
• What case states property can include property that is illegally held?

  Smith
• What case states that property can be bodily fluids?

  Welsh
• What case states that property can be a cheque?

  Kohn
• What case states that property can be licenses?

  Chan
• What does Oxford tell us is not property?

  Confidential information held on paper
• What does Davidge tell us about belonging to another?

  Belongs to someone who has given the D. an obligation to deal with property in a certain way, but didn't
• What does A-G Ref. tell us about belonging to another?

  Property given to D. by mistake and D. under obligation to return it
• What do Ricketts and Woodman tell us about belonging to another?

  Property can still belong to another even if abandoned
• What does Turner tell us about belonging to another?

  Where property appropriated by true owner/person with right of ownership, may still be guilty of theft
• What does Smith tell us about belonging to another?

  Appropriation of illegal drugs from another, still theft