A2 Theft

where is theft found?

define theft

section 2?

dishonesty?

Ghosh test?

section 3?

appropriation?

only 1 right needs to be assumed...

a gift will be invalid (appropriated) if consent is not genuine...

a valid gift can be appropriated if the donor is vulnerable...

section 4?

s4(1)
what is property?

stealing real property?
4(2)

wild plants?

wild creatures?

corpses/body parts aren't property...

bodily fluids are property...

information cannot be stolen...

physical written/recorded information (exam papers etc) can be stolen...

section 5?

define 'belonging to another'

can appropriate your own property...

discarded/forgotten property still belongs to another...

s5(3)
if D receives property for a specific purpose, the property still belongs to 'the giver'

s5(4)
if D receives property by mistake, the property still belongs to 'the giver' that made the mistake.

section 6?

define 'intention to permanently deprive'

R v Lavender

must intend to return exactly what was appropriated...

borrowing is temporary deprivation and is not intention to permanently deprive...

s6(2)?

goodness, virtue and value must remain intact if borrowed...