Theft

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):  
    1. The believe they have right in law to deprive the owner from it. 
    2. Believed the owner would have consented. 
    3. Believe owner can't be found by taking responsible steps. 
  • If none of these apply, the test in (Ivey V Genting Casinos) applies.