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23 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Definition of theft (from the legislation) |
A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. |
Appropriation Property Belonging to another Dishonestly Intention to permanently deprive |
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Appropriation definition (from the legislation) |
Any assumption by a person of the rights of owner amounts to an appropriation, And this includes, Where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner. |
Assumption Rights of owner Coming by Without stealing it Any later assumption |
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Which section of the theft act is dealing with appropriation? |
S.3 TA (Section 3 of the theft act) |
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Recite S.3 (1) |
Any later sumption of a right to it by keeping or dealing with it as owner |
Appropriation - later assumption |
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Case - R V Morris (1983) What happened and what's the significance? |
Defendant has switched the price labels of 2 items on the shelf in a supermarket. Significance : His conviction for theft was upheld as the owner's right to put a price label on the goods was a right that had been assumed. |
Labels |
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R V Pitham & Hehl What happened and what's the significance? |
Defendant decided to put his friend's furniture up for sale while he was in prison. Significance : Defendant had still appropriated it by assuming the rights of the owner to offer the furniture for sale. It doesn't matter if the owner wasn't deprived of the property as appropriation accrued when it was put up for sale. |
Furniture Prison |
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Lawrence V Commissioner of metropolitan police (1971) What happened and what's the significance? |
Taxi driver took/ charged an italian (foreign) student £6 rather then 50p. Significance : Appropriation can occur with consent. Italian student was ignorant about the prices of taxi fares. |
Taxi |
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R V Gomez (1893) What happened and what's the significance? |
The defendant worked as a shop assistant. He had this wedded the manager to accept in payment for goods, 2 cheques which he knew were stolen. Significance : The court stated that an act expressly or impliedly authorised by the owner or consented to by the goods within the meaning of TA 1968 |
Cheques |
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R V Mazo What happened and what's the significance? |
Filipino maid allegedly stole from her employer. Cashed cheques to value of £37,000.
Significance : Consent is still appropriation, it was a gift.....
She won the case DOUBLE CHECK!!! |
Maid |
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R V Hinks What happened and what's the significance? |
Defendant accepted daily cash payment from an older man's building society. Total withdrawn £60,000 and a television set.
Significance : Acceptance of a gift can constitute appropriation. |
Building society |
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R V Atakpu and Abrahams (1994) |
Defendants hired cars in Germany and Belgium using false driving licences and passports. They were arrested in Dover and charged with theft. Significance : The court of appeal quashed deck convictions because the moment of appropriation Under the law in Gomez was when they obtained the cars. Sheft had occurred outside of the jurisdiction of the English courts and as the defendants had already stolen the cars in germany, keeping and driving them in Germany was not appreciation. |
Cars |
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Under what section of the theft act 1968 does property fall under? |
S.4 |
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What are the 5 types of property? |
Money Real property Personal property Things in action Other intangible property |
M R P P P T I A O I P |
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R V Kelly and Limdsay What happened and what's the significance? |
Stolen body parts Significance : Although a dead body was not normally property within the definition of TA 1968, they were property as they acquired different attributes as to make then suitable for teaching or exhibition then its property. |
Body parts |
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What's real property? |
Legal termbfor land and buildings |
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What's things in action? |
A thing in action is a right which can be enforced against another person by an action in law. E.g. causing the bank account of another to debit... Cheques |
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Personal property |
All moulable items: books l, jewellery, clothes, car, anything to be picked up, including a piece of paper. |
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Other Intangible property |
Things with no physical presence but can be stolen. |
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Things that can't be stolen - which subsections are they specified in and what are they. |
S.4.TA (3) and (4) Electricity Wild animals (with exceptions) Wild plants (with exceptions) |
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R V Kohn (1979) What happened and what's the significance? |
Cheques were drawn into a bank account only to be drawn into the businesses bank account. The D bank account was in debt. The money credited the account to zero so not all money could be transferred Significance : cheques was the thing in action. Bank account had to be in credit! |
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Not named case (1972) What happened and what's the significance? |
Man charged with stealing train station. Significance : Train station goes under real property. |
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Attorney General of Hong Kong V Chan Nai-Keung |
An export quota can be intangible property |
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Oxford V Moss (1972) What happened and what's the significance? |
Stolen exam questions. Significance : exam questions not deemed to be intangible property. But if they took paper to copy it, paper is then personal property. |
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