Theft AO1 and AO2
, Theft AO1
• Actus Reus:
• Appropriation – s3 Theft Act 1968
Assuming rights of the owner (not necessarily all, just some!) Morris
Can be an appropriation even if V consented to it – Lawrence
• Property – s4 Theft Act 1968
Money, personal property, real property, things in action and other intangible things – Oxford and Moss
• Belonging to another – s5 Theft Act 1968
Basic meaning = in ownership, possession or control of another – Webster
S5(3) – exception where money is given for a particular purpose – Davidge and Bunnett
S5(4) – exception where property is obtained by mistake
• Mens Rea:
• Dishonesty – 2 Theft Act 1968
No definition is Act!
Ghosh test created for jury to determine if D was dishonest – they are to judge D by standards of reasonable man!
• Intent to permanently deprive – s6 Theft Act 1968
Must be intent to take forever (or equivalent!) – Velumyl
, Theft AO1
• Actus Reus:
• Appropriation – s3 Theft Act 1968
Assuming rights of the owner (not necessarily all, just some!) Morris
Can be an appropriation even if V consented to it – Lawrence
• Property – s4 Theft Act 1968
Money, personal property, real property, things in action and other intangible things – Oxford and Moss
• Belonging to another – s5 Theft Act 1968
Basic meaning = in ownership, possession or control of another – Webster
S5(3) – exception where money is given for a particular purpose – Davidge and Bunnett
S5(4) – exception where property is obtained by mistake
• Mens Rea:
• Dishonesty – 2 Theft Act 1968
No definition is Act!
Ghosh test created for jury to determine if D was dishonest – they are to judge D by standards of reasonable man!
• Intent to permanently deprive – s6 Theft Act 1968
Must be intent to take forever (or equivalent!) – Velumyl
