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35 Cards in this Set
- Front
- Back
Theft
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Actus reus-appropriation of property belonging to another
Mens rea-dishonestly intending to permanently deprive |
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Appropriation
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Theft Act s3(1)
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Pitman v Hehl
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it is not necesssary to touch the goods
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Morris
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D need only appropriate one of the rights
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Ex parte Osman
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where D presents P's cheque to be cashed into d's account, that is an appropriation
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Gomez
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agreed with Lawrence, consent is irrelevant in regards to appropriation
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Property
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s4(1)
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Low v Blease
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electricity is not property
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Kelly
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dead bodies are not property
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Oxford v Moss
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secrets are not property
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Belonging to another
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S5(1) Theft Act
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Turner no.2
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you can steal your own property if another is in possession and control
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Bonner
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D was liable for theft when he dishonestly sold partnership property without his partners consent
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Williams v Phillips
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property thrown in a dustbin is not abandoned, remains property of owner until picked up when it belongs to LA
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Davidge
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if property is received for a particular purpose it will belong to another
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Mainwaring
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a legal obligation is necessary for s5(3) property received under obligation
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Wills
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D must know he is under a legal obligation for s5(3)
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Wain
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property donated to charity via D then puts D in a trust obligation
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Attorney General's Reference no 1
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D was overpaid, liable for theft as she was under an obligation to repay once she realised the mistake
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Gilks
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gambling debts are legally unenforceable
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Shadroch Cigari
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Where money or other property is transferred by mistake, transferer retains an equitable proprietary interest in it, can rely on s5(1)
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dishonesty
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s2(1) Theft Act
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Ghosh
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2 stage test
1)was what D did dishonest according to the ordinary standards of reasonable and honest people 2)did d realise what he did was by those standards dishonest |
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Velumyl
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must be same coins and notes returned
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Intention to permanently deprive
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s6(1)
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Cahill
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to dispose of suggests D must intend to get rid of, to get done with or to sell the property
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DPP v Lavender
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D's intention is to treat the thing as his own to dispose of regardless of the others rights
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Marshall
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borrowing or lending for a period making it equivalent to an outright taking or disposal
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s6(2) Theft Act
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constructive intention to permanently deprive is not sufficient
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R v Easom
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conditional intention to permanently deprive is not sufficient
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Fraud Act
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AR
s2 false representation s3 failing to disclose information s4 abuse of position s11 obtaining services dishonestly |
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Fraud Mens Rea
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apply Ghosh Test
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Making off without payment
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S3 Theft Act 1978
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Actus reus
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D must make off-Brooks & Brooks
From the spot where payment is due-Aziz without having paid as required/expected for goods supplied or services done |
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Mens Rea
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d must act dishonestly
d must know payment is required/expected d must intend to avoid payment of the amount due-Allen |