MR of Theft

• S.2 did not define dishonesty, What case did and what was it defined as?

  Feely - states it is an ordinary word for the jury to decide
• What 3 exceptions are laid out in s.2(1)?

  S.2(1)(a) - Believes they have the legal right to deprive the other of it (seen in Robinson)

  s.2(1)(b) - Believes they would have the others consent

  s.2(1)(c) - D believes they cannot discover the owner of the property by taking reasonable steps.

  Apply if relevant
• What is the test for dishonesty and the cases?

  Ivey v Genting Casinos (obiter in civil case), set out objective test

  Barton and Booth established test in criminal law from Ivey -

  What is the Ds knowledge? is D's conduct dishonest by the standard of the reasonable man?
• s.6 of the Theft Act 1968 estbalishes intent to permanently deprive (ITPD) as what?


  Treating the thing as if it were his own to dispose of regardless of the ownsers rights

  Lavender defined dispose of as 'deal with'
• Borrowing/lending is ITPD after what?


  'the goodness, the virtue and the practical benefit has gone' - Lloyd
• Velumyl stated that when banknotes are taken there was no intent to return the original
• ITDP of throwing things away is still ITDP - CC of Avon and Somerset
• What is conditional intent?


  Picking up and examining property is not ITDP - Easom