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Theft - Coggle Diagram
Theft
- ACTUS REUS --> APPROPRIATION S3(1)
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R V Morris--> D switched the price tags on items in a shop, intending to pay the lower price
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- ACUTUS REUS-> BELONGING TO ANOTHER (S5)
belonging to any person having possession or control of it, or having any proprietary rights or interest
includes property belonging to someone under civil law and covers mere possession without rights to ownership
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Legally obtained, but still an obligation to use it in a particular way S5(3)
Person receives property from, or on account of another, and is under an obligation to retain and deal with that property or its proceeds in a particular way,
R V Hall--> D took money for flight costs and put it in his general bank account. His business failed and they lost their money.
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THEFT ACT 1968
Before, this are of law was in common law and was very complex
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S1--> A person is guilty of theft if he dishonestly appropriates the property belonging to another with the intention of permanently depriving the other of it
ACTUS REUS
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- Belonging to another (S5)
- ACTUS REUS--> PROPERTY (S4)
Property includes money and all other property, real or personal, including things in action and other intangible property
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- MENS REA --> DISHONESTY (S2)
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Subjective
Section 2(2) 'A person's appropriation of property belonging to another may be dishonest notwithstanding (despite) that be is willing to pay for the property'
Decided on the basis of what the defendant believes, rather than what the reasonable person should know or believe.
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MENS REA
- Intention to permanently deprive (S6)
- Dishonesty (S2 and Ivey test)
- MENS REA--> INTENTION TO PERMANENTLY DEPRIVE (6)
Defendant must intend to permanently deprive the other of the property, regardless of whether the other is actually deprived of the property
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CRITICISMS OF MENS REA
2002 Law commission report entitled 'Fraud' criticised the criteria for establishing the mens rea of theft as many people have differing views on what counts as dishonesty and it is difficult to establish an object standard all agree on