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Point Detail Authority
Theft
Actus Reus (a)Appropriation of (b)property (c)belonging to another
a) Sec 3
b) sec 4
c) sec 5
Appropriation Assumption of the rights of an owner
R v Gomez
Consent Morris
Gifts Hinks
Purchasing in good faith
Property Property includes money and all property real or personal including things in action and other intangible property
Money: R v Davies
Corpses and body partys: R v Kelly
Confidential information: Oxford v moss
Belonging to another Property shall be regarded as belonging to another person having possession or control of it
Theft act 1968 sec5(1)
R v Turner
Exercising control A person has possession of any property on his land even if he didn’t know or forgot it existed
R v Wooodman
Sec 5(1)
Disposal not always abandonment Refuse in a bin is not abandoned it is the householders until it is collected, then it becomes the property of the corporation
Williams v Phillips
Lost property If an item is found under someones land and digging is not permitted any items found belongs to the land owner. If an item if found on the ground the person who found it has a better claim.
Waverly Bourough Council v Fletcher
Point Detail Authority
Dishonesty
Someone is not dishonest… (a)If he appropriates property in the belief that he has the right to deprive the other of it or (b) if he appropriates the property in the belief the owner would give his consent or (c) if he believes there is no reasonable way to discover the owners
Sec 2(2)
May be dishonest A person’s appropriation of property belonging to another may be dishonest not withstanding he wis willing to pay for the property
Ghosh test Q1) Was what was done dishonest to the reasonable according to the standards of reasonable and honest persons
Q2) If so did the defendant realise that his doing was by those standards dishonest
R V Ghosh
Intention to permanently deprive Even if you don’t intent to cause the owner to permanently lose the property you regarded to intend to permanently deprive and borrowing past what’s considered reasonable time is considered this too.
Sec 6(1)
Robbery
Theft Act sec 8(1) 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 uses force on any person or seeks to put any person in fear of being then and there subject to force
If he steals Can’t steal something if you have a genuine belief you are entitled to it
R v Robinson
Point Detail Authority
Force Force has an ordinary meaning and so it is up to the jury though they’ve held before nudging amounts to force
Corcoran v Anderson
R v Dawson and James
