2897870
Beschreibung
Mindmap von beccehjane, aktualisiert more than 1 year ago
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Theft: S1 Theft Act 1968
- AR
- S3 appropriates
- S3(1) 'any assumption of any
of the rights of the owner'
- Pitham and Hehl, item
doesn't have to be taken
- Morris, any
assumption is enough
- Lawrence/Gomez, even
with consent of owner
- Hinks, even when no
deception and its a valid gift
- Pitham and Hehl, item
doesn't have to be taken
- Later appropriation: 'if D comes by property
without stealing, still can be appropriation if
D keeps/deals with it as owner'
- S3(1) 'any assumption of any
of the rights of the owner'
- S4 property
- S4(1) 'includes money and all other
property real or personal, including things
in action and other intangible property'
- Kelly and Lindsey, body parts not usually
property, but are if given to an institute
- Oxford and Moss, knowledge of
exam questions not property
- S4(3) flowers ect
growing wild on
any land
- S4(4) wild creatures,
are property
- Kelly and Lindsey, body parts not usually
property, but are if given to an institute
- real property
stole under S4(2)
circumstances:
- 1) someone (not owning land)
severs anything forming part
of land from land
- 2) a tenant takes a
fixture/structure from
the land lent to him
- 1) someone (not owning land)
severs anything forming part
of land from land
- S4(1) 'includes money and all other
property real or personal, including things
in action and other intangible property'
- S5 belonging
to another
- S5(1) 'property viewed as belonging to
another if they have possession/control, or
an interest in the property'
- Turner No 2, even if property
is in your possession
- S5(3) Davidge v Bunnett, property
received under obligation, handed over
to deal with in a particular way
- S5(4) AG Ref No1 1983, property
obtained by mistake, belongs to
person entitled to restoration
- Turner No 2, even if property
is in your possession
- S5(1) 'property viewed as belonging to
another if they have possession/control, or
an interest in the property'
- S3 appropriates
- MR
- S2 dishonestly
- S2(1) 3 instances of
when person is not
regarded as dishonest
- S2(1)(a) Robinson, if he believed that
heard in law the right to deprive the other
of it, on behalf of himself/another
- S2(1)(b) if he believed that he would have
the others consent if the other knew of
the appropriation and circumstances of it
- S2(1)(c) Small, if he believed that the person
to whom the property belongs couldn't be
discovered by taking reasonable steps
- S2(1)(a) Robinson, if he believed that
heard in law the right to deprive the other
of it, on behalf of himself/another
- Ghosh Test: 1) Was Ds conduct dishonest according to
ordinary standards of reasonable and honest people?
2) Was D aware conduct would be regarded as
dishonest by there people?
- S2(1) 3 instances of
when person is not
regarded as dishonest
- S6 intention to
permanently deprive
- S6(1) 'if you treat the thing as your own to
deal with regardless of others rights'
- Lloyd, 'has goodness, virtue and
practical value of property gone?'
- Velumyl, claimed he
would return money
- Easom, conditional intent
to permanently deprive
- Lloyd, 'has goodness, virtue and
practical value of property gone?'
- 'borrowing/lending of it may amount
to so treating if it is for a period and in
circumstances making it equivalent to
an outright taking/disposal'
- 'can still be an intention to
permanently deprive even if
you dont mean the other to
lose the thing'
- S6(1) 'if you treat the thing as your own to
deal with regardless of others rights'
- S2 dishonestly
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