Theft (OCR A-Level Law): Flashcards

Statutory source of theft

Section 1(1) Theft Act 1968

Five elements of theft

Appropriation, property, belonging to another, dishonesty, ITPD

Appropriation with owner's consent

Can still occur (Lawrence, Gomez)

Property definition (s.4)

Money, personal, things in action, intangible property

Property exceptions (cannot be stolen)

Land, wild plants (unless sale), wild creatures (unless tamed)

Belonging to another (s.5)

Possession, control, or proprietary right/interest

Three NOT dishonest situations (s.2)

Legal right belief, consent belief, owner can't be found

Ivey test stages

1. D's knowledge/belief 2) Ordinary decent person's standards

Intention to permanently deprive (s.6)

Treating thing as own to dispose of regardless of other's rights

R v Velumyl (1989)

Borrowing money = ITPD as exact money can't be replaced