Theft

Cards (25)

  • s1 theft act 1968
  • definition - 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 even if it is a gift (hinks)
  • owner has consented and still have appropriation (lawrence)
  • property s(4) - money, real or personal property, things in action and other intangible property
  • info cannot be stolen (oxford v moss)
  • includes body parts (kelly v lindsay)
  • export quota can be stolen (a-g of hong kong)
  • s(4)3 - mushrooms or foliage are not theft unless it is for sale
  • s(4)4 - wild creatures cannot be stolen unless reduced into possession
  • property must belong to another - s (5) - must have possession or control
  • can steal own property (turner)
  • acquire property by mistake you must return it (a-g ref)
  • can be in possession even if you are unaware (woodman)
  • betting transactions are not enforceable (gilks)
  • s(2) - dishonesty
  • not dishonest - right in law - owner's consent - reasonable steps to find owner
  • ivey v genting casino - subjective test
  • s(6) - intention to permanently deprive
  • must replace exact thing that was taken (velumyl)
  • goodness and practical values must be used (llyod)
  • conditional intent is not enough (eason)
  • dispose can mean deal (lavender)