|
Erstellt von annbelltrouser
vor mehr als 9 Jahre
|
|
Frage | Antworten |
where is theft found? | Theft Act 1968 |
define theft | s(1) the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it |
section 2? | dishonesty |
dishonesty? | 2(1)(a) legal right - Robinson 2(1)(b) consent - Holden 2(1)(c) find owner - Small |
Ghosh test? | A) would D's actions be considered dishonest by the standards of honest and reasonable people? B) would D realise his actions might be considered dishonest by these standards? |
section 3? | appropriation |
appropriation? | any assumption by a person of the rights of an owner |
only 1 right needs to be assumed... | R v Morris |
a gift will be invalid (appropriated) if consent is not genuine... | Lawrence v MPC |
a valid gift can be appropriated if the donor is vulnerable... | R v Hinks |
section 4? | property |
s4(1) what is property? | - money - real property - personal property - things in action - other intangible property |
stealing real property? 4(2) | ONLY IF; something is severed from land, tenant takes a fixture/fitting, legally entrusted to look after land and doesn't |
wild plants? | s4(3) cannot be stolen, unless sold/commercial use |
wild creatures? | s4(4) cannot be stolen, unless tame, captive or reduced to a possession |
corpses/body parts aren't property... | R v Kelly and Lindsay |
bodily fluids are property... | R v Welsh |
information cannot be stolen... | Oxford v Moss |
physical written/recorded information (exam papers etc) can be stolen... | R v Akbar |
section 5? | belonging to another |
define 'belonging to another' | s5(1) has possession or control of property |
can appropriate your own property... | if in control of another R v Turner (car in garage for repair) |
discarded/forgotten property still belongs to another... | Williams v Phillips |
s5(3) if D receives property for a specific purpose, the property still belongs to 'the giver' | Davidge v Burnett (money for utility bills) |
s5(4) if D receives property by mistake, the property still belongs to 'the giver' that made the mistake. | AG's Ref 1 of 1983 (returning overpaid salary to employer) |
section 6? | intention to permanently deprive |
define 'intention to permanently deprive' | intending to treat as ones own, regardless of the rights of the owner |
R v Lavender | moving doors from one council flat to another; treated doors as his own |
must intend to return exactly what was appropriated... | R v Velumyl (intend to return exact banknotes, NOT other notes of the same value) |
borrowing is temporary deprivation and is not intention to permanently deprive... | R v Warner |
s6(2)? | borrowing can amount to intention to permanently deprive if property is borrowed for such a time and in such circumstances that makes it equivalent to outright taking |
goodness, virtue and value must remain intact if borrowed... | R v Lloyd |
Möchten Sie mit GoConqr kostenlos Ihre eigenen Karteikarten erstellen? Mehr erfahren.