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AR of Theft (Belonging To Another (Turner 1971 (Stole own care from garage…
AR of Theft
Belonging To Another
S.5 states that property shall be regarded as belonging to any person having (possession or control of it, or having in it any proprietary right or interest)
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Woodman 1974
Theft of scrap metal though company did not know it was on site. Can still be theft it you are in control of property, but don't know it
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Webster 2006
D was sent 2nd medal by ministry of Defence by mistake. D had possession and control, ministry retained proprietary interest so it was theft when D tried to sell on ebay
Small
Abandoned his car which was then stripped and left for long time. D helped himself. No theft as property was abandoned (D was not dishonest)
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Property
(S.4 Theft Act 1968) Defines property as money and all other property real or personal including things in action and other intangible property
Money, Personal Property, Real property, Things in action, Other Intangible property
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AR
Appropriation
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Later appropriation- D acquires property without stealing it but then later decides to keep it or deal with it as the owner.
Pitham and Hehl
D tried to sell V's furniture, assuming any one of rights of the owner is appropriation
Morris
Switched Price Labels. Assuming one right is enough. Theft complete at moment if accompanied by dishonesty intent to PD
Consent
Lawrence
Student allowed taxi driver to take fare wallet, D took too much. Appropriation even If owner consents
Gomez
Owner allowed D's to buy goods believing cheque was valid. Even if owner consents, no need for D to do anything unauthorised.
Hinks
Low IQ gave expensive gifts to D. Acceptance of a valid gifts is appropriation deception is irrelevant