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Exam Summary - Theft

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This is a summary of the key information needed, within the subject of Theft, to get the highest grades at A-Level Law Exams, partially OCR.

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  • December 20, 2021
  • 8
  • 2021/2022
  • Summary
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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

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