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Title: Theft Revision Sheet
Description: These are a series of very thorough revision notes of Theft and cover absolutely everything there is in relation to this offence to achieve an A at A level of a 1st at first year degree level. Including cases, the offence itself and descriptions, this is perfect and invaluable to any law student.
Description: These are a series of very thorough revision notes of Theft and cover absolutely everything there is in relation to this offence to achieve an A at A level of a 1st at first year degree level. Including cases, the offence itself and descriptions, this is perfect and invaluable to any law student.
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Theft Revision Sheet
Theft is defined under s1(1) Theft Act 1968 as
A pe so is guilty of theft if he disho estly app op iates p ope ty elo gi g to a othe
i te tio of pe a e tly dep i i g the othe of it…
ith the
Appropriate
Property
Belonging to another
Dishonestly
With intention of permanently depriving the other of it
Appropriation
Appropriate is defined under s3(1) of the act as,
A assu ptio y a pe so of the ights of the o e a ou ts to app op iatio , a d this i ludes,
where he has come by the property (innocently or not) without stealing it, any later assumption of a
right to it by keeping it or dealing with it as an owner
...
Oxford v Moss 1978
Computer Misuse Act 1990
Communications Act 2003 s125
Belonging to another
S5(1) – extended meaning, someone in possession or control or with any proprietary right or interest
falling short of complete ownership
S5(4) – p ope ty e ei ed y a othe s
to the owner by obligation
istake i
...
ei g posted dupli ate ite s, should e esto ed
Theft Revision Sheet
Dishonesty
The exceptions to dishonesty are found under s2(1)(a-c):
(a) D believes that he has the legal right to deprive V of it
(b) D believes that V would have consented had he known the circumstances
(c) D believes that the owner could not be discovered by taking reasonable steps
The test for dishonesty was established in Gosh 1982 and is known as the Gosh test, as follows:
1) Is D regarded as dishonest according to the standards of the ordinary and decent person?
2) Does D realise that his act would be seen as dishonest by the ordinary and decent person?
If the answer to both questions is yes then D will be considered as dishonest
Title: Theft Revision Sheet
Description: These are a series of very thorough revision notes of Theft and cover absolutely everything there is in relation to this offence to achieve an A at A level of a 1st at first year degree level. Including cases, the offence itself and descriptions, this is perfect and invaluable to any law student.
Description: These are a series of very thorough revision notes of Theft and cover absolutely everything there is in relation to this offence to achieve an A at A level of a 1st at first year degree level. Including cases, the offence itself and descriptions, this is perfect and invaluable to any law student.