Case
theft: criminal law
- Course
- Institution
my own notes I used for end of year exams
[Show more]
Seller
Follow
yangjensherpa
Content preview
Criminal law theftTHEFT ACT 1968
S1 DISHONEST APPROPRIATION OF PROPERTY BELONGING TO ANOTHER WITH INTENTION
TO PERMANENTLY DEPRIVE THE OTHER OF IT
S2 DISHONESTY
S3 APPROPRIATING
S4 PROPERTY
S5 BELONGING TO ANOTHER
S6 INTENTION OF PERMANENTLY DEPRIVING
S2 DISHONESTY
AN APPROPRIATION OF PROPERTY IS ASSUMED TO NOT BE DISHONEST IF:
2(A) BELIEVES HE HAS RIGHT TO DEPRIVE THE OTHER OF IT
2(B) BELIEVES HE WOULD HAVE HAD THE OWNERS CONSENT IF THEY KNEW OF THE
APPROPRIATION
2(C) BELIEVES EVEN BY TAKING REASONABLE STEPS, THE OWNER CANNOT BE
DISCOVERED
2(2) APPROPRIATION OF PROPERTY CAN STILL BE DISHONEST EVEN IF D IS WILLING TO
PAY FOR IT SUCH AS TAKING AN ITEM OUT OF SOMEONE ELSES SHOPPING BASKET.
NEW DISHONESTY TEST AMENDED IN IVEY V GENTING CASINO CASE
1. WHAT WAS THE D ACTUAL STATE OF KNOWLEDGE OR BELIEF AS TO THE FACTS ?
(SUBJECTIVE)
2. WAS HIS ACT DISHONEST BY THE STANDARDS OF ORDINARY DECENT PEOPLE?
(OBJECTIVE)
(USED TO BE GHOSH TEST)
1. WAS D DISHONEST ACCORDING TO THE STANDARDS OF REASONABLE AND
HONEST PEOPLE ?
2. DID THE D REALISE THAT THE STANDARD IF REASONABLE AND HONEST PEOPLE
WOULD REGARD D ACT AS DISHONEST ?
S3 APPROPRIATION IS ASSUMING THE RIGHTS OF THE OWNER AND USING IT AS IF IT WERE
YOUR OWN.
MORRIS CASE WHERE THE D SWITCHED THE PRICE LABELS OF TWO PRODUCTS AND
BOUGHT THE ONE WITH THE CHEAPER PRICE ON, AS ONLY THE OWNER AND THE
EMPLOYEES CAN SWAP THE PRICE LABELS, SO ONCE THEY SWITCHED THE LABELS THEY
HAD ASSUMED THE RIGHTS OF THE OWNER THUS WAS APPROPRIATION. HE COMPLETED
THEFT ONCE HE LEFT THE STORE
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller yangjensherpa. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.31. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52510 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now