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Criminal
Property
Theft
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Created by
Jessica Admans
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Cards (20)
S1
Theft
Act
1968.
a person is guilty of
theft
if he
dishonestly
appropriates property belonging to another with the intention to permanently deprive the other of
it
s(3)
appropriation
- assumption of the rights of the
owner
does not have to be all rights (
Morris
)
Appropriation
can take place even if it is a
gift
(
Hinks
)
owner has
consented
(
Lawrence
)
Property is defined in (S4) as
money
,
real
or personal property, things in action and other intangible property
Information cannot be stolen (
Oxford
V
Moss
)
includes
body parts
(R V
Kelly and Lindsay
)
an
export quota
(
A-G of Hong Kong
)
S4(3) if someone steals
wild mushrooms
,
flowers
or foliage, it’s not theft unless it’s for sale/reward.
S4(4) wild creatures cannot be
stolen
unless reduced into
possession.
The property must belong to another (S5) they must have
possession
or
control
You can steal your own property (
Turner
)
If you acquire property by
mistake
, you must return it (
A-G's Ref No.1
)
You can be
possession
of property even if unaware (
Woodman
)
Betting
transactions are not enforceable at law (
Gilks
).
S2 is
dishonesty
there are examples when D has not been dishonest S2(1):
The believe they have right in law to
deprive
the owner from it.
Believed the owner would have
consented.
Believe owner can't be found by taking
responsible
steps.
If none of these apply, the test in (
Ivey V Genting Casinos
) applies.