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Theft - Coggle Diagram
Theft
s.3 - Appropation
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It is a finite act, does have an ending - Atakpu and Abrahams
Do not need to assume all the rights, any one is sufficient
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s.4 Property
Personal property is any item other tangible than real property e.g. bag, gloves, etc…
Things in action and other intangible property are things that do not exist in a physical state but can be claimed by legal action e.g. bank account, shares and copyright
Real property is land and things forming part of land and served from it in certain circumstances e.g. trees, plants, greenhouse
Things growing in the wild - mushrooms, plants etc… will not be stolen unless reduced into possession or taken for commercial purposes
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s.4(1) - “property includes money and all other property whether real or personal, including things in action and other intangible property”
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s.5 Belonging to Another
s.5 (4) - gets property by mistake, still belongs to another
AG ref no. 1 of 1983 - police officer paid too much, knew it and kept it
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s.5 (3) - Earmarked, obliged to dealt with it in the way the person intended
Davidge v Bunnett - given money to pay bills, spent it on something else
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“Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary interest”
Rubbish belongs to the householder until collected, then to the local authority - Williams v Phillips and Rostron & Collinson
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It is the dishonest appropriation of property belonging to another with the intention to permanently deprive