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Theft Act 1968 (Appropriation (s.3)- "Any assumptions of the rights…
Theft Act 1968
Appropriation (s.3)- "Any assumptions of the rights of an owner can amount to be an appropriation" eg. buying, selling, altering
D doesn't have to assume all rights, one will be sufficient (Morris)
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Appropriation has a beginning and an end and the jury will decide when this occurs (Atakpu) so the owner can consent
Theft- the dishonest appropriation of property belonging to another with intention to permanently deprive
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Mens Rea- D must be dishonest and he must intend to permanently deprive (IPD) the owner of the property
Dishonesty isn't defined in the Act but s.2 notes 3 situations where D will not be regarded as being dishonest if he honestly believes them to exist
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If the jury aren't satisfied that any of the above apply, then they must consider the Ghosh Test
- Would the D's conduct be regarded as being dishonest according to the ordinary standards of reasonable and honest people? (Objective Test)
- Did the D realise he would be regarded as dishonest by those standards? (Subjective test)
Finally, D must intend to IPD the owner of the property, according to s.6 this can be satisfied where he treats it as his own to dispose of regardless of the owners rights (Lavender ; Velumyl)
Lending and borrowing can also satisfy s.6 if it for a period and circumstances that make it equivalent to an outright taking (Lloyd; Bagshaw)
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Property (s.4)
Includes money, real and personal property that can be tanglible or intanglible