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Applied Law Unit 3 Applying the law- C1 Theft £2.99
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Applied Law Unit 3 Applying the law- C1 Theft
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Notes that helped me to achieve a distinction. Created using the specification, the Pearson 2017 Applied Law book and extra notes made in class.

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  • October 9, 2022
  • 9
  • 2021/2022
  • Lecture notes
  • Portsmouth college
  • All classes

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Theft
● The Theft act 1968

● TEW offence-magistrates or crown court

● Made by parliament-Statutory law

● Section 7- 7 years maximum sentence

The seven sections:
1. Definition- A person is guilty of theft is: Dishonestly appropriates property belonging to another with the intention to
permanently deprive the owner of it

2. Dishonesty AR (Guilty act)-
3. Appropriates Section 3,4,5
4. Property
5. Belonging to another MR (Guilty mind)-
6. With the intention to permanently deprive the owner of it Section 2+ 6
7. The sentence (7years)

, S2. Dishonestly (MR)
R v Ghosh (1982)
● Charged the NHS for a surgery he did not do
● This case came up with two questions:

1.Would the ordinary, honest person consider it dishonest?-Objective part of the test

2.Did D consider it to be dishonest?-Subjective

● The Jury have to ask themselves these questions

Ivey v Genting Casinos (2017)- (Poker player, didn't consider edge-sorting cheating)
● This case has cast doubt on the second part of test
● D was a poker player and he won 7.1 million in a casino in 2012
● The casino claimed he was not entitled the money as he cheated as he used a technique called ‘edge-sorting’
● Ivey stated he did not consider ‘edge-sorting’ to be cheating- the subjective limb of Ghosh could not be fulfilled
● The second question of the ghosh test was applied and the ordinary man would consider this cheating

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