theft

• the AR of theft is the appropriation of property belonging to another.
• the MR of theft is dishonestly with the intention to permanently deprive.
• R v Morris defines appropriation as assuming the rights of the owner.
• R v Lawrence outlines that appropriation can take place with the owner's consent.
• Oxford v Moss outlines that information does not class as property.
• R v Davidge and Bunnett states that if you receive an item under an obligation you must use it for the reason it was given.
• R v Webster states that property that is recieved by mistake should be restored.
• R v Turner states that although property belongs to you, possession and control can remain with a party until you fulfil certain conditions i.e paying a bill.
• The Ivey test asks the following:

  1. What are the facts as D believes them to be?
  2. was D's conduct dishonest by the standard of a reasonable and honest person?
• To permanently deprive means to 'treat property as your own to use and dispose of regardless of the owner’s rights' outlined in R v Lavender.
• To permanently deprive means to 'remove the goodness and practical value out of an item' outlined in R v Lloyd.
• A person is guilty of robbery if he steals and immediately before or at the time of doing so and in order to do so, he uses force on any person or seeks to put them in fear of being then and there subjected to force.
• Theft + Violence = Robbery