Theft

Theft

Theft Act 1968
1. s.1 dishonest appropriation of property belonging to another with intention to deprive other of it
  1. s.3 Section 3 – appropriation – any assumption of any of rights of owner with or without consent – McPherson, Lawrence, Morris, Gomez, Hinks
    1. Section 4 – property - can be tangible or intangible.
      1. Section 4(3) – flowers, unless growing wild, are property
        Section 5 – belonging to another – ownership, possession or control – Turner
        Section 5 (4) – legal obligation to restore – AG Ref 1/83
Section 2 – dishonesty
1. 2 (1) (a) – defendant not dishonest if honestly believe they have legal right to property,
  1. 2 (1) (b) – defendant not dishonest if honestly believe owner would consent – Holden,
    1. 2 (1) (c) – defendant not dishonest if honestly believe owner cannot be found having taken reasonable steps – Small; if none of above apply the jury apply common sense view Feely, or Ghosh – was defendant dishonest by standards of reasonable man and, if so, did defendant know dishonest by that standard?
      1. Section 6 – intention to permanently deprive – to take forever or for period equivalent to outright taking – Lloyd, Velumyl Warner
Robbery
1. section 8 Theft Act 1968
  1. Actus Reus
    1. theft accompanied by use or threat of force before or at time of stealing and in order to steal – Dawson and James, Hale, Lockley
      1. Offence committed at the time the theft is complete – Corcoran and Anderton
  2. Mens rea
    1. intention to steal and intention or recklessness as to force – Robinson
Burglarly
1. section 9 Theft Act 1968:
  1. Section 9(1)(a) – entry of a building or part of a building as a trespasser with the intention to steal, inflict GBH or cause unlawful damage Jones and Smith
  2. Section 9(1)(b) – having entered as a trespasser the defendant commits or attempts to commit theft or GBH.

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