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| Topic | Case/Example | Key law/principle | What happened | Why it matters | How to use in exam |
|---|---|---|---|---|---|
| s2 Dishonesty |
R v Ghosh [1982] | Ghosh Test for dishonesty | Introduced two-stage test-objective and subjective-on whether an act was dishonest. | Established legal test for dishonesty under s2 before later reform. | Refer to test used at the time to determine dishonesty in theft before Ivey v Genting. |
| Ivey v Genting Casinos [2017] | Current dishonesty test | SC replaced Ghosh with a purely objective test for dishonesty. | Sets out current legal position for assessing dishonesty in theft. | Apply this objective test to exam scenarios about dishonesty (do not use Ghosh after 2017). | |
| s3 Appropriation |
R v Morris [1984] | Assumption of any rights | D switched price labels in a supermarket-held as appropriation. | Confirms appropriating any of owner's rights is sufficient for theft. | Use to support definition of appropriation in scenarios involving tampering with property. |
| R v Gomez [1993] | Consent is irrelevant | D persuaded manager to accept stolen cheques; held: appropriation can occur even with consent. | Clarifies consent doesn't prevent appropriation under s3. | Apply where appropriation occurs despite consent (e.g. fraudulently accepted payments). | |
| s4 Property |
Oxford v Moss [1979] | Information is not 'property' | D took exam paper, read information, returned it; info not "property". | Sets the limits for what counts as 'property' for the purposes of theft. | Cite to exclude certain things (e.g. confidential info) from 'property' in exams. |
| R v Kelly [1999] | Body parts as property | Body parts kept for medical/scientific purposes considered property. | Shows courts can extend "property" to include body parts with application of skill. | Use in questions on unusual types of property-e.g., medical specimens. | |
| s5 Belonging to Another |
R v Turner (No 2) [1971] | Possession/control, not ownership | D took his own car from a garage without paying for repairs. | Illustrates that property can 'belong' to anyone in possession/control. | Apply to cases where D takes "own" property from someone with legal control. |
| R v Woodman [1974] | Possession without knowledge | Factory owners had control over scrap metal, even if unaware of it. | Shows that belonging to another includes property owner is unaware of. | Support "belonging to another" even if V is unaware of the item. | |
| s6 Int. to Permanently Deprive |
R v Velumyl [1989] | Replacing with equivalent is theft | D took money from employer intending to return different notes/coins. | Shows that replacing identical property isn't a defence to theft. | Use when D claims they meant to return item later-can't be identical notes. |
| R v Lloyd [1985] | Intention to borrow/replace | D borrowed film reel, planning to return it after copying. | No intent to permanently deprive as property not 'all its goodness or virtue gone'. | Cite where D intended to return the item in its original condition-may not be theft. | |
| s7 Sentencing |
Sentencing Guidelines | Maximum 7 years custodial sentence | Section 7 Theft Act sets sentencing powers; actual sentences depend on facts and value. | Shows the potential seriousness of a theft conviction. | Mention sentencing options when discussing consequences of theft. |