theft ar

• what is the first element of actus reus for theft?

  appropriation
• what section is appropriation defined in?

  3
• what is the definition of appropriation?

  any assumption by a person of the rights of an owner amounts to appropriation
• what was confirmed in the case of morris?


  only one right of the owner needs to be assumed
• what was confirmed in corcoran v anderton?

  it need not be proven that the property leaves the possession of the owner in order for an appropriation to be present
• does consent affect appropriation?


  no
• what was confirmed in gomez?

  consent obtained through deception is still an appropriation
• what was confirmed in hinks?


  genuine consent does not prevent appropriation and the giving of a valid gift may be appropriation
• what wording confirms that the appropriation does not need to occur at the same point when the property comes into the defendant’s possession?


  this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner
• what is the second element of the actus reus of theft?


  property
• what section defined property?

  4
• what is the definition of property?


  property includes money, real and personal property, things in action and other intangible property
• what was confirmed in oxford v moss?

  knowledge does not amount to property
• what was confirmed in kelly v lindsay?

  corpses are not property unless they acquire different attributes by virture or skill
• what does not amount to property?


  wild flowers, foliage, and mushrooms; wild animals; corpses; electricity
• what is the third element of the actus reus of theft?

  belonging to another
• what section is belonging to another defined in?

  5
• what is the definition of belonging to another?


  property shall be regarded as belonging to any person having possession or control of it, or having it in any proprietary right or interest
• what was confirmed in webster?

  those with a proprietary interest can withhold property from the owner
• what was confirmed in turner (no 2)?

  stealing of your own car from a garage with the rights of possession until a bill is paid satisfies theft
• what is the rule on abandoned property?

  it cannot be stolen
• what is the definition of abandoned?

  owner has taken steps to sever ownershi
• what was confirmed in ricketts v basildon mc?


  the donator maintains a proprietary interest until the charity shop receives items
• what was stated in s5(3)?

  where a person receives property from, or on account of another, and is under an obligation to retain and deal with that property, or its proceeds in a particular way, the property or other proceeds shall be regarded (as against him) as belonging to another
• what was confirmed in davidge and bunnett?


  theft is possible where money has been received under a legal obligation to deal with it in a particular way
• what was confirmed in hall?

  it is not theft if a person is not obligated to use money in a particular way
• what was stated in s5(4)?


  where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds
• what was confirmed in agr (no 1 of 1983)?


  an employee must make restoration if paid extra