Please enable JavaScript.
Coggle requires JavaScript to display documents.
Theft - Coggle Diagram
Theft
Theft Act 1968
-
-
-
-
-
-
-
-
- Triable-Either-Way Offence (Mags/Crown)
- Max of 7 Years prison
S1 - Definition
A person is guilty of theft if he dishonestly appropriates poverty, belonging to another with the intention to permanently deprive it.
Actus Reus - S3, 4 & 5
Property (S4)
'Property includes money and all other property, real or personal, including things in action and other intangible property'
- Money
- Movable Items (Paper to plane)
- Real Property (land)
- Things in Action (Right that can be enforced on another by an action in law)
- Intangible Property (No physical presence)
A person cant steal land or things forming part of land and severed from it by him or by his direction unless:
- Foraging a wild food is legal (unless sold on)
- Catching a wild animal is legal (unless a pet or from a zoo)
CASES
-
Property (Intangiable)
Marshall
- D resold London Travel Cards, property of London Underground (intangible) - used by travellers as a right to travel
Property (Body)
Kelly
- D took body parts from the Royal College of London without permission and without intent to return
- Was property of the college as they had modified it and it was acquitted legally
-
Appropriation (S3)
Assumption by a person of the rights of an owner amounts to an appropriation
- Any act whereby the defendant threats the goods as his own
- Rights of an owner:
- Damage / Destroy
- Hire / Lend out
- Sell it
- Modify it
CASES
Appropriation
Morris
- D switched supermarket labels so he could pay for goods at a lower price
-
Appropriation as a Gift
Hinks
- D took advantage of elderly man with limited knowledge - as a gift he sent £300 each day - she accumulated around £60,000
Appropriation
Pitham & Hehl v R
- D sold items belonging to V