Property Offences

what is the definition of theft?

dishonestly appropriating property belonging to another with intention to permanently deprive

what are the 5 elements of theft?

• appropriation

• property

• belonging to another

• dishonesty

• intention to permanently deprive

what is appropriation?

the assumption of any of the rights of the owner.

which case established that appropriation can occur with the owner’s consent?

gomez

facts of gomez?

D persuaded a shop assistant to accept a stolen cheque. the house of lords held that consent does not prevent appropriation.

which case established that a valid gift can still amount to appropriation?

hinks

facts of hinks?

d persuaded a vulnerable man to give her money. a valid gift can still be appropriation

what counts as property under the Theft Act?

Money, goods, things in action and other intangible property

which case established that confidential information is not property

oxford v moss

facts of oxford v moss?

D read an exam paper in advance. information itself was nt property capable of being stolen

Q: When does property belong to another?

A: When another person has ownership, possession or control.

Q: Which case established that you can steal your own property?

Turner

Q: Facts of Turner?

A: D took his own car from a garage without paying. The garage had possession and control, so the car belonged to another.

Q: What is the test for dishonesty?

A: What were D's actual beliefs, and would ordinary decent people consider the conduct dishonest?

Q: Which case established the current dishonesty test?

Ivey v Genting Casinos

Q: Facts of Ivey?

A: Professional gambler used edge-sorting. The Supreme Court established the current objective test for dishonesty.

Q: What is intention to permanently deprive?

A: Treating property as one's own to dispose of regardless of the owner's rights.

Q: Which case established that replacing money with different money can amount to ITPD?

Velumyl

Q: Facts of Velumyl?

A: D borrowed money intending to repay different notes and coins. This amounted to ITPD.

Q: Which case established that borrowing is not usually theft?

Lloyd