Theft is the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it
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s 3(1) of the Theft Act 1968
Appropriation is assuming the rights of the owner
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s 3(2) of Theft Act 1968
Where a person purchases property in good faith, but it later transpires that ownership of the property did not pass to the purchaser (e.g. it was stolen prop), the purchaser will not have approp’d property
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s 4(1) of Theft Act 1968
Property includes money and all other property, real or personal, including things in action and other intangible property
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s 4(2) of the Theft Act 1968
Land cannot be stolen, although things severed from land can be stolen
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s 4(3) of the Theft Act 1968
Wild mushrooms and plants cannot be stolen unless they are picked for a commercial purpose
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s 4(4) of the Theft Act 1968
A wild animal that is not tamed or ordinarily kept in captivity cannot be stolen unless it has been, or is in the process of being, reduced into possession
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s 13 of the Theft Act 1968
Separate offence of abstracting electricity
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s 5(1) of the Theft Act 1968
Property is regarded as belonging to anyone having possession or control of it or having a proprietary right or interest in it
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s 5(3) of the Theft Act 1968
Where a person receives property and is required to deal with it in a particular way, the property is deemed to belong to the giver (i.e. another)
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s 5(4) of the Theft Act 1968
Where a def obtains property by another’s mistake and is under a duty to restore it (or its value), then the property as treated as belonging to another
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s 2(1)(a) Theft Act 1968
The def honestly believes he has a right in law to the property
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s 2(1)(b) Theft Act 1968
The def honestly believes that he would have the owner’s consent
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s 2(1)(c) Theft Act 1968
The def honestly believes that the owner could not be found by taking reasonable steps
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Other cards in this set
Card 2
Front
Appropriation is assuming the rights of the owner
Back
s 3(1) of the Theft Act 1968
Card 3
Front
Where a person purchases property in good faith, but it later transpires that ownership of the property did not pass to the purchaser (e.g. it was stolen prop), the purchaser will not have approp’d property
Back
Card 4
Front
Property includes money and all other property, real or personal, including things in action and other intangible property
Back
Card 5
Front
Land cannot be stolen, although things severed from land can be stolen
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