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on 20-Jul-2016 (Wed)

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Flashcard 149626154

Tags
#java
Question
What is this operator in Java? >>>
Answer
unsigned right shift

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#finance #inflation #inflation-derivatives #inflation-derivatives-barcap
While inflation derivatives are not new and Barclays Capital has traded inflation swaps for more than 10 years
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Flashcard 1343457725708

Tags
#2015 #book-2 #cfa #cfa-level-1 #economics #has-images #schweser
[unknown IMAGE 1343459036428]
Question
When price of Good X decreases, we can have 3 possible outcomes. What is the name of this outcome? Just describe.
[unknown IMAGE 1343456677132]

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Flashcard 1349187407116

Tags
#co-ownership #land #law
Question
In addition to the abolition of the doctrine of conversion ([Statute]), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.
Answer
TLATA 1996, s 3

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In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the

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Flashcard 1349189766412

Tags
#co-ownership #land #law
Question
In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, [Statute] concern the right of beneficiaries to live in the property subject to the trust.
Answer
TLATA 1996, ss 12 and 13

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In addition to the abolition of the doctrine of conversion (TLATA 1996, s 3), which effectively means that the beneficiaries have an interest in land and not just in the sale proceeds, TLATA 1996, ss 12 and 13 concern the right of beneficiaries to live in the property subject to the trust.

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Flashcard 1349289118988

Tags
#co-ownership #land #law
Question
One example of a case where exceptional circumstances were found is that of [case]. In that case, an elderly lady who had lived in her house for over 40 years was allowed to remain, notwithstanding that her son’s trustee in bankruptcy had applied for a sale of the co-owned property. The court was advised that the proposed sale would be extremely detrimental to the mother’s health and agreed to postpone the sale until after her death.
Answer
Re Mott

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One example of a case where exceptional circumstances were found is that of Re Mott [1987] CLY 212. In that case, an elderly lady who had lived in her house for over 40 years was allowed to remain, notwithstanding that her son’s trustee in bankruptcy had applied for a

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Flashcard 1366282341644

Tags
#cd #crime #law
Question
The [statute] provides:

'A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

  1. intending to destroy or damage any property or being reckless as whether any property would be destroyed or damaged; and
  2. intending by the destruction or damage to endanger life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.'

Answer
CDA 1971, s 1(2)

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The CDA 1971, s 1(2) provides: 'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another— intending to destroy or damage any prop

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Flashcard 1367660956940

Tags
#co-ownership #land #law
Question
after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.
Answer
Insolvency Act s. 335A(3)

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explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

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Flashcard 1367665675532

Tags
#freedom-of-person #human-rights #public
Question
In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was [...].
Answer
27 months

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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months.

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Flashcard 1367667248396

Tags
#freedom-of-person #human-rights #public
Question
In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a [...], between the date of charge and the date of trial was 27 months.
Answer
14-year-old

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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months.

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Flashcard 1367669083404

Tags
#freedom-of-person #human-rights #public
Question
HM Advocate v JK [2002] UKPC D1, 29
Answer
The delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be regarded as demanding a standard of performance by the prosecutor which is more exacting than that set by common law, as it does not require the person charged to demonstrate prejudice.

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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be reg

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Flashcard 1367674064140

Tags
#cd #crime #criminal-damage #law
Question
Statute Authority: Criminal Damage
Answer
CDA 1971 s. 1(1)

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Flashcard 1367676161292

Tags
#cd #crime #criminal-damage #law
Question
Statute Authority: Aggravated Criminal Damage
Answer
CDA 1971 s. 1(2)

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Flashcard 1367677996300

Tags
#cd #crime #criminal-damage #law
Question
Statute Authority: Arson
Answer
CDA 1971 ss. 1(1) and 1(3)

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Flashcard 1367679831308

Tags
#cd #crime #criminal-damage #law
Question
Statute Authority: Aggravated Arson
Answer
CDA 1971 ss. 1(2) and 1(3)

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Flashcard 1367682452748

Tags
#cd #crime #criminal-damage #law
Question
AR: Criminal Damage (CDA s. 1(1))
Answer
  1. Destroys or Damages
  2. Property
  3. Belonging to Another

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Flashcard 1367684287756

Tags
#cd #crime #criminal-damage #law
Question
AR: Aggravated Criminal Damage (CDA s. 1(2))
Answer
  1. Destroys or Damages
  2. Property
  3. Belonging to Self or Another

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Flashcard 1367686384908

Tags
#cd #crime #criminal-damage #law
Question
MR: Aggravated Criminal Damage (CDA s. 1(2))
Answer
  1. Intention or Recklessness as to Destroying or Damaging Property
  2. Intention or Recklessness as to Endangering the Life of Another

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Flashcard 1367689530636

Tags
#crime #law #theft
Question
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s [...], which provides for a later assumption of the owner’s rights to amount to an appropriation
Answer
3(1)

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In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation

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Flashcard 1367691103500

Tags
#crime #law #theft
Question
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA [year], s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation
Answer
1968

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In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation

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Flashcard 1367693462796

Tags
#crime #law #theft
Question
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the [statute], which provides for a later assumption of the owner’s rights to amount to an appropriation
Answer
TA 1968, s 3(1)

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In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation

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Flashcard 1367695822092

Tags
#crime #law #theft
Question
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for [...]
Answer
a later assumption of the owner’s rights to amount to an appropriation

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In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation

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Flashcard 1367697394956

Tags
#crime #law #theft
Question
In such circumstances, when the defendant does form the necessary mens rea later it will then be necessary to apply the TA 1968, s 3(1), which provides for a later assumption of the owner’s rights to amount to an appropriation:

'Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.' (Emphasis added.)

This section can be applied when the initial assumption of the rights of the owner does not amount to theft. It provides that a later assumption of a right, either by keeping it or by dealing with it, will be an appropriation. The theft will therefore take place when [...].
Answer
the defendant forms the mens rea, subject to the remaining elements also being present

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ed when the initial assumption of the rights of the owner does not amount to theft. It provides that a later assumption of a right, either by keeping it or by dealing with it, will be an appropriation. The theft will therefore take place when <span>the defendant forms the mens rea, subject to the remaining elements also being present.<span><body><html>

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Flashcard 1367699229964

Tags
#crime #law #theft
Question
Confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1).
Answer
Oxford v Moss

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.) </ht

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Flashcard 1367701589260

Tags
#crime #law #theft
Question
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s [...]. (1978) 68 Cr App R 183.)
Answer
4(1)

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

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Flashcard 1367703162124

Tags
#crime #law #theft
Question
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA [...], s 4(1). (1978) 68 Cr App R 183.)
Answer
1968

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

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Flashcard 1367704734988

Tags
#crime #law #theft
Question
In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the [statute]. (1978) 68 Cr App R 183.)
Answer
TA 1968, s 4(1)

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

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Flashcard 1367707094284

Tags
#crime #law #theft
Question
In Oxford v Moss, it was held that confidential information cannot fall within the definition of [...] contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)
Answer
intangible property

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

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Flashcard 1367708667148

Tags
#crime #law #theft
Question
In Oxford v Moss, it was held that [...] cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)
Answer
confidential information

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In Oxford v Moss, it was held that confidential information cannot fall within the definition of intangible property contained in the TA 1968, s 4(1). (1978) 68 Cr App R 183.)

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Flashcard 1367711288588

Tags
#crime #law #theft
Question
The Theft Act 1968, s [...] provides:

'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

Answer
5(1)

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The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'</bo

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Flashcard 1367712861452

Tags
#crime #law #theft
Question
The Theft Act [...], s 5(1) provides:

'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

Answer
1968

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The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'</

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Flashcard 1367714434316

Tags
#crime #law #theft
Question
The [statute] provides:

'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

Answer
Theft Act 1968, s 5(1)

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The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'</bo

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Flashcard 1367717055756

Tags
#crime #law #theft
Question
The Theft Act 1968, s 5(1) provides:

'Property shall be regarded as belonging to [...] ...'

Answer
any person having possession or control of it, or having in it any proprietary right or interest

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The Theft Act 1968, s 5(1) provides: 'Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest ...'

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Flashcard 1367718628620

Tags
#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In [case] it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.
Answer
Hibbert McKiernan [1948] 1 A;; ER 860

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because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In <span>Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the

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Flashcard 1367720987916

Tags
#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on [...]
Answer
whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.

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king for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on <span>whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.<span><body><html>

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Flashcard 1367722560780

Tags
#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that [...]. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.
Answer
lost golf balls had not been abandoned by their owners

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rod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that <span>lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind

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Flashcard 1367724133644

Tags
#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. [who] in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.
Answer
David Ormerod and Karl Laird

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Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan

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Flashcard 1367726492940

Tags
#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in [book] note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.
Answer
Smith and Hogan’s Criminal Law

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Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held th

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Flashcard 1367728852236

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#crime #law #theft
Question
Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that [...]. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. It will depend on whether the owner wants the property himself or to go to another party, or whether he does not mind what happens to it.
Answer
a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it

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Property is not abandoned just because the owner has stopped looking for it. David Ormerod and Karl Laird in Smith and Hogan’s Criminal Law p938 note that a husband who has lost his wedding ring and has long since given up looking for it, will not have abandoned it. In Hibbert McKiernan [1948] 1 A;; ER 860 it was held that lost golf balls had not been abandoned by their owners. However, this does not mean that property cannot be abandoned. I

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Flashcard 1367731735820

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#crime #law #theft
Question
The TA 1968, s [...] states that property belongs to those having possession or control of it.
Answer
5(1)

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The TA 1968, s 5(1) states that property belongs to those having possession or control of it.

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Flashcard 1367733308684

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#crime #law #theft
Question
The [statute] states that property belongs to those having possession or control of it.
Answer
TA 1968, s 5(1)

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The TA 1968, s 5(1) states that property belongs to those having possession or control of it.

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Flashcard 1367735667980

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#crime #law #theft
Question
The TA 1968, s 5(1) states that property belongs to those [...].
Answer
having possession or control of it

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The TA 1968, s 5(1) states that property belongs to those having possession or control of it.

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Flashcard 1367737240844

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Question
The TA 1968, s 5(1) states that property belongs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but [...]. This can be so even if the owner of the land is unaware of its existence.
Answer
over the land upon which it was found

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body>The TA 1968, s 5(1) states that property belongs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but over the land upon which it was found. This can be so even if the owner of the land is unaware of its existence.<body><html>

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Flashcard 1367738813708

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Question
The TA 1968, s 5(1) states that property belongs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but over the land upon which it was found. This can be so even if [...].
Answer
the owner of the land is unaware of its existence

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gs to those having possession or control of it. The courts have found that property can belong to persons who have possession or control, not just of the specified property, but over the land upon which it was found. This can be so even if <span>the owner of the land is unaware of its existence.<span><body><html>

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Flashcard 1367740386572

Tags
#crime #law #theft
Question
R v Woodman [1974] 2 All ER 955
Answer
HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.

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R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had cont

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Flashcard 1367742745868

Tags
#crime #law #theft
Question
[case] HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.
Answer
R v Woodman [1974] 2 All ER 955

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R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had cont

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Flashcard 1367745105164

Tags
#crime #law #theft
Question
R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because [...], there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.
Answer
the factory owners had taken steps to exclude trespassers

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R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.</

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Flashcard 1367746678028

Tags
#crime #law #theft
Question
R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was [...] and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.
Answer
evidence that they were in control of the factory

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R v Woodman [1974] 2 All ER 955 HELD: The Court of Appeal held that, because the factory owners had taken steps to exclude trespassers, there was evidence that they were in control of the factory and thereby had control of the scrap metal, which unknown to them, had been left inside the factory.

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Flashcard 1367748250892

Tags
#crime #law #theft
Question
R v Turner (No 2)
Answer
FACTS: The defendant took his car to a local garage. He later contacted the mechanic to check if the car was ready and was told that it was. The defendant took the car using his spare keys without paying the bill. He was convicted of theft and appealed. HELD: The Court of Appeal held that the mechanic was in possession and control of the car and, therefore, the car did 'belong to another'.

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R v Turner (No 2) FACTS: The defendant took his car to a local garage. He later contacted the mechanic to check if the car was ready and was told that it was. The defendant took the car using his spare

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Flashcard 1367750610188

Tags
#crime #law #theft
Question
[case] FACTS: The defendant took his car to a local garage. He later contacted the mechanic to check if the car was ready and was told that it was. The defendant took the car using his spare keys without paying the bill. He was convicted of theft and appealed. HELD: The Court of Appeal held that the mechanic was in possession and control of the car and, therefore, the car did 'belong to another'.
Answer
R v Turner (No 2)

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R v Turner (No 2) FACTS: The defendant took his car to a local garage. He later contacted the mechanic to check if the car was ready and was told that it was. The defendant took the car using his spare

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Flashcard 1367752969484

Tags
#crime #law #theft
Question
R v Hall [1972] 2 All ER 1009
Answer
FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business.

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R v Hall [1972] 2 All ER 1009 FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his credi

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Flashcard 1367755328780

Tags
#crime #law #theft
Question
[case] FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business.
Answer
R v Hall [1972] 2 All ER 1009

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R v Hall [1972] 2 All ER 1009 FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his credi

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Flashcard 1367757950220

Tags
#crime #law #theft
Question
R v Hall [1972] 2 All ER 1009 FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because [...]. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business.
Answer
it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him

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to the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because <span>it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the busine

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Flashcard 1367759523084

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Question
R v Hall [1972] 2 All ER 1009 FACTS: The defendant, a travel agent, took money for flights. Instead of using the money to buy airline tickets, he put it into the business account and it was used to pay off his creditors. Subsequently, the defendant went bankrupt and the customers lost the money they had paid to him. HELD: The Court of Appeal held that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected [...].
Answer
tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business

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that the TA 1968, s 5(3) did not apply because it was not established that his clients expected him to retain and deal with the money in a particular way, or that an obligation to do so was undertaken by him. Although the clients expected <span>tickets in return for their money, they did not expect their the money to be kept separately, but rather to go towards the general running of the business. <span><body><html>

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Flashcard 1367761095948

Tags
#crime #law #theft
Question
The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the TA 1968, s [...] specifies three situations, in which an appropriation of property is not to be regarded as dishonest.
Answer
2

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The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the TA 1968, s 2 specifies three situations, in which an appropriation of property is not to be regarded as dishonest.

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Flashcard 1367762668812

Tags
#crime #law #theft
Question
The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the [statute] specifies three situations, in which an appropriation of property is not to be regarded as dishonest.
Answer
TA 1968, s 2

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The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the TA 1968, s 2 specifies three situations, in which an appropriation of property is not to be regarded as dishonest.

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Flashcard 1367765028108

Tags
#crime #law #theft
Question
The Theft Act 1968 does not define the term 'dishonesty'. It is for [who] to decide whether an appropriation is dishonest. However, the TA 1968, s 2 specifies three situations, in which an appropriation of property is not to be regarded as dishonest.
Answer
a jury

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The Theft Act 1968 does not define the term 'dishonesty'. It is for a jury to decide whether an appropriation is dishonest. However, the TA 1968, s 2 specifies three situations, in which an appropriation of property is not to be regarded as dishonest.<

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Flashcard 1367769222412

Tags
#crime #law #theft
Question
The TA 1968, s [...] sets out three separate circumstances in which a person will not be dishonest.
Answer
2(1)

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The TA 1968, s 2(1) sets out three separate circumstances in which a person will not be dishonest.

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Flashcard 1367770795276

Tags
#crime #law #theft
Question
The [...] sets out three separate circumstances in which a person will not be dishonest.
Answer
TA 1968, s 2(1)

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The TA 1968, s 2(1) sets out three separate circumstances in which a person will not be dishonest.

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Flashcard 1367772368140

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#crime #law #theft
Question
The TA 1968, s 2(1) sets out three separate circumstances in which a person will [...].
Answer
not be dishonest

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The TA 1968, s 2(1) sets out three separate circumstances in which a person will not be dishonest.

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Flashcard 1367774989580

Tags
#crime #law #theft
Question
By the TA 1968, s [...], a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.
Answer
2(1)(a)

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By the TA 1968, s 2(1)(a), a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.

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Flashcard 1367776562444

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#crime #law #theft
Question
By the [statute], a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.
Answer
TA 1968, s 2(1)(a)

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By the TA 1968, s 2(1)(a), a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.

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Flashcard 1367778921740

Tags
#crime #law #theft
Question
By the TA 1968, s 2(1)(a), a defendant who [...], will not be dishonest.
Answer
believes he has in law the right to deprive the other of the property, either for himself or another

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By the TA 1968, s 2(1)(a), a defendant who believes he has in law the right to deprive the other of the property, either for himself or another, will not be dishonest.

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Flashcard 1367781543180

Tags
#crime #law #theft
Question
By the TA 1968, s [...], a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest.
Answer
2(1)(b)

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By the TA 1968, s 2(1)(b), a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest

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Flashcard 1367783116044

Tags
#crime #law #theft
Question
By the [statute], a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest.
Answer
TA 1968, s 2(1)(b)

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By the TA 1968, s 2(1)(b), a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest

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Flashcard 1367785475340

Tags
#crime #law #theft
Question
By the TA 1968, s 2(1)(b), a defendant who [...] will not be dishonest.
Answer
believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation

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By the TA 1968, s 2(1)(b), a defendant who believes the person to whom the property belongs would have consented had he known of the appropriation and the circumstances of the appropriation will not be dishonest.

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Flashcard 1367789931788

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Question
By the TA 1968, s [...], a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.
Answer
2(1)(c)

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By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable

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Flashcard 1367791504652

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Question
By the [statute], a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.
Answer
TA 1968, s 2(1)(c)

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By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable

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Flashcard 1367793863948

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Question
By the TA 1968, s 2(1)(c), a defendant who [...] will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.
Answer
believes that the person to whom the property belongs cannot be discovered by taking reasonable steps

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By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to believe that such steps will not enable him to find the owner.</htm

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Flashcard 1367795436812

Tags
#crime #law #theft
Question
By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to [...].
Answer
believe that such steps will not enable him to find the owner

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By the TA 1968, s 2(1)(c), a defendant who believes that the person to whom the property belongs cannot be discovered by taking reasonable steps will not be dishonest. There is no need for him to take reasonable steps; it is only necessary to <span>believe that such steps will not enable him to find the owner.<span><body><html>

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Flashcard 1367797009676

Tags
#crime #law #theft
Question
Although the TA 1968, s 2(1)(c) may apply to the original finding, if [...], then with the application of the TA 1968, s 3(1) (later appropriation), keeping the property at this later stage could be dishonest and therefore theft.
Answer
the owner becomes known to the accused later

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Although the TA 1968, s 2(1)(c) may apply to the original finding, if the owner becomes known to the accused later, then with the application of the TA 1968, s 3(1) (later appropriation), keeping the property at this later stage could be dishonest and therefore theft.

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Flashcard 1367798582540

Tags
#crime #law #theft
Question
Although the TA 1968, s 2(1)(c) may apply to the original finding, if the owner becomes known to the accused later, then with the application of the TA 1968, s 3(1) (later appropriation), keeping the property at this later stage [...].
Answer
could be dishonest and therefore theft

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Although the TA 1968, s 2(1)(c) may apply to the original finding, if the owner becomes known to the accused later, then with the application of the TA 1968, s 3(1) (later appropriation), keeping the property at this later stage could be dishonest and therefore theft.<body><html>

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Question
The act does not require the defendant's belief to be reasonably held. As long as it is genuinely held he will not be dishonest.
Answer
R v Robinson. [1977] Crim LR 173

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The act does not require the defendant's belief to be reasonably held. As long as it is genuinely held he will not be dishonest. This has been confirmed by the courts in R v Robinson. [1977] Crim LR 173.

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Question
The act does not require the defendant's belief to be reasonably held. As long as it is [...] he will not be dishonest. This has been confirmed by the courts in R v Robinson. [1977] Crim LR 173.
Answer
genuinely held

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The act does not require the defendant's belief to be reasonably held. As long as it is genuinely held he will not be dishonest. This has been confirmed by the courts in R v Robinson. [1977] Crim LR 173.

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In [case]. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)
Answer
R v Ghosh, [1982] QB 1053

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In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary stan

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In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether [...]. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)
Answer
according to the ordinary standards of reasonable and honest people what was done was dishonest

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In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest . If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the de

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In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the [...]. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)
Answer
defendant himself must have realised that what he was doing was by those standards dishonest

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f reasonable and honest people what was done was dishonest . If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the <span>defendant himself must have realised that what he was doing was by those standards dishonest . In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting d

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In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to [...], even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)
Answer
act in a way which he knows ordinary people to consider to be dishonest

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dishonest . In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to <span>act in a way which he knows ordinary people to consider to be dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)<span><body><html>

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Question
In R v Ghosh, [1982] QB 1053. Lord Lane stated: 'In determining whether the prosecution have proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if [...].' (Emphasis added.)
Answer
he asserts or genuinely believes that he is morally justified in acting as he did

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standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people to consider to be dishonest, even if <span>he asserts or genuinely believes that he is morally justified in acting as he did.' (Emphasis added.)<span><body><html>

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Question
A person cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him.
Answer
Edwards v Ddin

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A person cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him. An example can be found in Edwards v Ddin ([1976] 1 WLR 942.). The general civil rule is that title in property passes at the time at which the parties intend it to pass.

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A person cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him. An example can be found in Edwards v Ddin ([1976] 1 WLR 942.). The general civil rule is that title in property passes [...].
Answer
at the time at which the parties intend it to pass

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son cannot be convicted of theft if he only forms the dishonest intent after ownership of the property has passed to him. An example can be found in Edwards v Ddin ([1976] 1 WLR 942.). The general civil rule is that title in property passes <span>at the time at which the parties intend it to pass.<span><body><html>

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Question
R v Scott [1987] Crim LR 235
Answer
FACTS: Scott 'stole' a pair of curtains from a store intending to return them the following day, alleging that she had purchased them and claiming a refund. HELD: Her conviction for theft was upheld since she had treated the thing as her own to dispose of regardless of the other's rights.

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R v Scott [1987] Crim LR 235 FACTS: Scott 'stole' a pair of curtains from a store intending to return them the following day, alleging that she had purchased them and claiming a refund. HELD: Her conviction for th

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Question
R v Scott [1987] Crim LR 235 FACTS: Scott 'stole' a pair of curtains from a store intending to return them the following day, alleging that she had purchased them and claiming a refund. HELD: Her conviction for theft was upheld since [...].
Answer
she had treated the thing as her own to dispose of regardless of the other's rights

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R v Scott [1987] Crim LR 235 FACTS: Scott 'stole' a pair of curtains from a store intending to return them the following day, alleging that she had purchased them and claiming a refund. HELD: Her conviction for theft was upheld since she had treated the thing as her own to dispose of regardless of the other's rights.<span><body><html>

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Question
DPP v J [2002] EWHC 291
Answer
FACTS: The defendants had accosted a boy on his way home from school. One of them snatched the boy's headphones and another defendant snapped them in two. HELD: Silber J noted that once the headphones had been snapped, they were useless and could be said to have been dealt with definitely, to have been got rid of, or finished. He said that the intention of the defendants has to be inferred from their acts, thus this defendant had demonstrated an intention to treat the headphones as his own to dispose of regardless of the owner's rights.

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DPP v J [2002] EWHC 291 FACTS: The defendants had accosted a boy on his way home from school. One of them snatched the boy's headphones and another defendant snapped them in two. HELD: Silber J noted that onc

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Question
Rendering property useless may count as 'disposing of it regardless of others' rights'
Answer
DPP v J [2002] EWHC 291

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DPP v J [2002] EWHC 291 FACTS: The defendants had accosted a boy on his way home from school. One of them snatched the boy's headphones and another defendant snapped them in two. HELD: Silber J noted that onc

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Question
DPP v J [2002] EWHC 291 FACTS: The defendants had accosted a boy on his way home from school. One of them snatched the boy's headphones and another defendant snapped them in two. HELD: Silber J noted that once the headphones had been snapped, they were useless and could be said to have been dealt with definitely, to have been got rid of, or finished. He said that the intention of the defendants has to be inferred from their acts, thus [...].
Answer
this defendant had demonstrated an intention to treat the headphones as his own to dispose of regardless of the owner's rights

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d that once the headphones had been snapped, they were useless and could be said to have been dealt with definitely, to have been got rid of, or finished. He said that the intention of the defendants has to be inferred from their acts, thus <span>this defendant had demonstrated an intention to treat the headphones as his own to dispose of regardless of the owner's rights.<span><body><html>

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R v Mitchell [2008] EWCA Crim 850
Answer
FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.

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R v Mitchell [2008] EWCA Crim 850 FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open a

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[case] FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.
Answer
R v Mitchell [2008] EWCA Crim 850

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R v Mitchell [2008] EWCA Crim 850 FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open a

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R v Mitchell [2008] EWCA Crim 850 FACTS: The defendant was believed to be part of a gang who took a car by force in order to escape from the police. The car was found abandoned a short while later with its doors open and hazard lights on. Following his arrest, the defendant was charged with robbery, which requires as part of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that [...]. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel that the defendant had dealt with the car in a manner knowing that he was risking its loss, as per Fernandes. The manner in which the car was left suggested that they knew the owner of the car would get it back. On that basis, the defendant was successful in his appeal and his conviction was quashed, the defendant had not intended to treat the car as his own to dispose of regardless of the owner's rights.
Answer
it is not enough to merely deal with the property as your own

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rt of the rules, that a complete theft had been committed (see Chapter 14). HELD: The Court of Appeal criticised the trial judge direction to jury as he had omitted any reference to the words 'to dispose of'. The Court of Appeal stated that <span>it is not enough to merely deal with the property as your own. They referred to the dictionary definition as quoted in Cahill and, on the facts, did not feel that the car had been 'got rid of, sold or bargained with'. Nor did the judges feel tha

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The second half of the TA 1968, s [...] states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
Answer
6(1)

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The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or le

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The second half of the [statute] states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
Answer
TA 1968, s 6(1)

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The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or le

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The second half of the TA 1968, s 6(1) states that [...]. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
Answer
borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights

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The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

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The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is [...].
Answer
for a period and in circumstances making it equivalent to an outright taking or disposal

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an>The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.<span><body><html>

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Question
borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights.
Answer
TA 1968, s 6(1)

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The second half of the TA 1968, s 6(1) states that borrowing or lending of property can amount to intending to treat it as his own to dispose of regardless of the other's rights. This will be the case if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

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Question
R v Lloyd [1985] QB 829
Answer
FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'


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R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films

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R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal [...]. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'

Answer
quashed the convictions

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hers, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal <span>quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said: 'In this case we are concerned with the second part of s 6(1), namely the words

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Question
R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that [...], unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'

Answer
a mere borrowing is never enough to constitute the necessary guilty mind

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ing of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that <span>a mere borrowing is never enough to constitute the necessary guilty mind, unless the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Co

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Question
R v Lloyd [1985] QB 829 FACTS: Lloyd was a projectionist in a cinema. He borrowed films from the cinema, and with others, he copied them onto videotape, sold the videotapes, and then returned the original films to the cinema ready for the next show. Lloyd and his co-accused were convicted of conspiracy to steal (theft). HELD: On appeal, the Court of Appeal quashed the convictions. Refusing to hold that their actions were covered by the TA 1968, s 6(1), Lord Lane CJ said:

'In this case we are concerned with the second part of s 6(1), namely the words after the semi-colon: "and a borrowing or a lending of it may amount to so treating if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless [...]: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the journeys had been completed ... The judge in the present case gave another example, namely the taking of a torch battery with the intention of returning it only when its power is exhausted. The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and, had everything gone according to the conspirators' plans, would have been projected in the ordinary way to audiences at the Odeon Cinema, Barking, who would have paid for their seats. Our view is that those particular films which were the subject of this alleged conspiracy had not themselves diminished in value at all. What had happened was that the borrowed film had been used or was going to be used to perpetrate a copyright swindle on the owners whereby their commercial interests were grossly and adversely affected ...'

Answer
the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone

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for a period and in circumstances making it equivalent to an outright taking or disposal." This half of the subsection ... is intended to make it clear that a mere borrowing is never enough to constitute the necessary guilty mind, unless <span>the intention is to return the "thing" in such a changed state that it can truly be said that all its goodness or virtue has gone: for example: R v Beecham (1891) 5 Cox CC 181, where the defendant stole railway tickets intending that they should be returned to the railway company in the usual way only after the jo

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Question
A person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.
Answer
TA 1968, s 6(2)

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The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of reg

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Question
The TA 1968, s [...] states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.
Answer
6(2)

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The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regar

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Flashcard 1367857040652

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The [statute] states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.
Answer
TA 1968, s 6(2)

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The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regar

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Flashcard 1367859399948

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Question
The TA 1968, s 6(2) states that [...], is deemed to be treating the property as his own to dispose of regardless of the other's rights.
Answer
a person who parts with property under a condition as to its return, which he may not be able to perform

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The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.

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Flashcard 1367860972812

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Question
The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed [...].
Answer
to be treating the property as his own to dispose of regardless of the other's rights

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The TA 1968, s 6(2) states that a person who parts with property under a condition as to its return, which he may not be able to perform, is deemed to be treating the property as his own to dispose of regardless of the other's rights.

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Flashcard 1367862807820

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Question
R v Velumyl [1989] Crim LR 299
Answer
FACTS: The defendant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt had been repaid to him. HELD: It was held by the Court of Appeal that intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.

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R v Velumyl [1989] Crim LR 299 FACTS: The defendant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt

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Question
R v Velumyl [1989] Crim LR 299 FACTS: The defendant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt had been repaid to him. HELD: It was held by the Court of Appeal that [...]. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.
Answer
intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken

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endant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt had been repaid to him. HELD: It was held by the Court of Appeal that <span>intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.

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Question
Court of Appeal held that intending to return coins of an equivalent value is not the same as intending to return the identical ones that were taken. Therefore, although such an intention may be relevant to the issue of dishonesty, it does not negative the intention to permanently deprive the owner of the original notes and coins.
Answer
R v Velumyl [1989] Crim LR 299

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R v Velumyl [1989] Crim LR 299 FACTS: The defendant had borrowed money from his employer's safe, even though he knew this was against company rules. He said he intended to repay it on the following day after a debt

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Flashcard 1367869623564

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Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s [...])
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
3

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ad>This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) </

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Flashcard 1367871196428

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Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s [...])
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
4

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s section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s <span>4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <span><body></htm

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Flashcard 1367872769292

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Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s [...])
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
5

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the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s <span>5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <span><body><html>

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Flashcard 1367874342156

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Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s [...])
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
2

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secution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s <span>2) With the intention to permanently deprive (TA 1968, s 6) <span><body><html>

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Flashcard 1367875915020

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Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s [...])
Answer
6

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a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s <span>6) <span><body><html>

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Flashcard 1367877487884

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Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. [...] (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
Appropriation

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This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) &#1

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Flashcard 1367879060748

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Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. [...] (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
Property

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This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6)

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Flashcard 1367880633612

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Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. [...] (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
Belonging to another

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ection defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) <span>Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <span><body><html>

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Flashcard 1367882206476

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Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. [...] (TA 1968, s 2)
    2. With the intention to permanently deprive (TA 1968, s 6)
Answer
Dishonestly

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for the offence. The prosecution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea <span>Dishonestly (TA 1968, s 2) With the intention to permanently deprive (TA 1968, s 6) <span><body><html>

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Flashcard 1367883779340

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Question
This section defines theft, explaining the five elements required for the offence. The prosecution must prove all these elements in order to secure a conviction for theft.
  1. Actus reus
    1. Appropriation (TA 1968, s 3)
    2. Property (TA 1968, s 4)
    3. Belonging to another (TA 1968, s 5)
  2. Mens rea
    1. Dishonestly (TA 1968, s 2)
    2. [...] (TA 1968, s 6)
Answer
With the intention to permanently deprive

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ution must prove all these elements in order to secure a conviction for theft. Actus reus Appropriation (TA 1968, s 3) Property (TA 1968, s 4) Belonging to another (TA 1968, s 5) Mens rea Dishonestly (TA 1968, s 2) <span>With the intention to permanently deprive (TA 1968, s 6) <span><body><html>

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Flashcard 1367885352204

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Question
'Any assumption by a person of the rights of an owner amounts to an appropriation …'
Answer
TA 1968, s 3(1)

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The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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Flashcard 1367887711500

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Question
The word 'appropriation' is defined in part in the TA 1968, s [...]: 'Any assumption by a person of the rights of an owner amounts to an appropriation …'
Answer
3(1)

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The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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Flashcard 1367889284364

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Question
The word 'appropriation' is defined in part in the [statute]: 'Any assumption by a person of the rights of an owner amounts to an appropriation …'
Answer
TA 1968, s 3(1)

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The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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Flashcard 1367891643660

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Question
The word 'appropriation' is defined in part in the TA 1968, s 3(1): [...]
Answer
'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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Flashcard 1367893216524

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Question
The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the [...] amounts to an appropriation …'
Answer
rights of an owner

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The word 'appropriation' is defined in part in the TA 1968, s 3(1): 'Any assumption by a person of the rights of an owner amounts to an appropriation …'

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Flashcard 1367894789388

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Question
A defendant can appropriate property even with the consent of the owner.
Answer
R v Gomez [1993] 1 All ER 1 (HL)

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The issue was settled in R v Gomez [1993] 1 All ER 1 (HL), where the majority in the House of Lords decided that a defendant can appropriate property even with the consent of the owner.

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Flashcard 1367897148684

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Question
R v Adams [1993] Crim LR 72
Answer
The defendant purchased goods not knowing that they were stolen. The trial court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(1) when he kept the goods after finding out that they were stolen. However, the conviction was quashed on appeal on the ground that the judge failed to direct the jury that he had a defence under the TA 1968, s 3(2).

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In R v Adams [1993] Crim LR 72, the defendant purchased goods not knowing that they were stolen. The trial court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(

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Question
In R v Adams [1993] Crim LR 72, the defendant purchased goods not knowing that they were stolen. The trial court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(1) when he kept the goods after finding out that they were stolen. However, the conviction was quashed on appeal on the ground that [...].
Answer
the judge failed to direct the jury that he had a defence under the TA 1968, s 3(2)

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l court convicted him of theft on the basis that there had been a later appropriation under the TA 1968, s 3(1) when he kept the goods after finding out that they were stolen. However, the conviction was quashed on appeal on the ground that <span>the judge failed to direct the jury that he had a defence under the TA 1968, s 3(2). <span><body><html>

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Question
A householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft if he appropriates goods from a dustbin with the relevant mens rea.
Answer
Williams v Phillips (1957) 41 Cr App R 5)

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Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In Williams v Phillips (1957) 41 Cr App R 5), it was held that a householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft

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Question
Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In [case], it was held that a householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft if he appropriates goods from a dustbin with the relevant mens rea.
Answer
Williams v Phillips (1957) 41 Cr App R 5)

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Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In Williams v Phillips (1957) 41 Cr App R 5), it was held that a householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft

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Flashcard 1367906323724

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Question
Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In Williams v Phillips (1957) 41 Cr App R 5), it was held that [...]. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft if he appropriates goods from a dustbin with the relevant mens rea.
Answer
a householder does not abandon goods that he puts in his dustbin

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Property can cease to belong to another if it has been abandoned. However, the courts do not readily find that property has been abandoned. In Williams v Phillips (1957) 41 Cr App R 5), it was held that a householder does not abandon goods that he puts in his dustbin. He intends the goods to be collected by the local authority, so a dustman could be guilty of theft if he appropriates goods from a dustbin with the relevant mens rea.</

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Question
Parker v British Airways Board [1982] 1 All ER 834
Answer
FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger.

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Parker v British Airways Board [1982] 1 All ER 834 FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of

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Question
Parker v British Airways Board [1982] 1 All ER 834 FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that [...]. The court held that British Airways could have demonstrated this intention either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger.
Answer
if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it

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an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that <span>if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no s

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Question
Parker v British Airways Board [1982] 1 All ER 834 FACTS: The defendant was an airline passenger who found a gold bracelet in a British Airways executive lounge. The court considered whether British Airways had possession or control of the bracelet. HELD: The court decided that the company did not, but stated that if it had shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention [...]. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger.
Answer
either expressly, for example by putting up a notice, or impliedly

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d shown an intention to exercise control over the building and things in it, the company could have secured possession of the bracelet before the defendant found it. The court held that British Airways could have demonstrated this intention <span>either expressly, for example by putting up a notice, or impliedly. However, in this case it had shown no such intention. When the original owner did not come forward to claim the bracelet it could be kept by the passenger. <span><body></htm

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Flashcard 1367914974476

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Question
However, the TA 1968, s 5(3) will only operate where [...].
Answer
the accused is under a legal obligation to use the property for the purpose given

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However, the TA 1968, s 5(3) will only operate where the accused is under a legal obligation to use the property for the purpose given.

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Question
Davidge v Bunnett [1984] Crim LR 297
Answer
FACTS: The defendant shared a flat with others. They all shared the costs of bills. On receipt of a gas bill for the sum of £159.75, the defendant was given cheques to the value of £109.75 towards the cost of the bill to which she was expected to add the outstanding £50.00. The defendant cashed the cheques and spent the money on Christmas presents. She was convicted of theft. The Queens Bench Division held that she was under a legal obligation to apply the proceeds of the cheques to the payment of the gas bill. HELD: The defendant's conviction for theft was upheld. This case confirms that obligations can be imposed upon domestic/social arrangements.

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Davidge v Bunnett [1984] Crim LR 297 FACTS: The defendant shared a flat with others. They all shared the costs of bills. On receipt of a gas bill for the sum of £159.75, the defendant was given cheques to the value of £10

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Question
Confirms that obligations can be imposed upon domestic/social arrangements.
Answer
Davidge v Bunnett

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resents. She was convicted of theft. The Queens Bench Division held that she was under a legal obligation to apply the proceeds of the cheques to the payment of the gas bill. HELD: The defendant's conviction for theft was upheld. This case <span>confirms that obligations can be imposed upon domestic/social arrangements.<span><body><html>

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Question
R v Klineberg and Marsden [1999] 1 Cr App R 427
Answer
FACTS: The defendants (K and M) set up a company to buy a timeshare development under construction in Lanzarote and to sell the timeshares. The purchasers were told that their money would be paid to a stake-holding trust company to be held on trust until the development had been completed and was ready for occupation. Various purchasers paid a total of £500,000 for timeshares of which only £233 was paid to the trust company. The rest was paid into the company's bank account and 'lost' when the company went into liquidation. K and M were convicted of ten counts of theft. They appealed against their convictions, arguing that once the money was paid into the company's account, it no longer belonged to the customers. HELD: The Court of Appeal dismissed the appeal in part and upheld six of the ten convictions. They stated that K and M's express assurances that the money would be safeguarded by payment to a stake-holding trust company meant that they were under a legal obligation to do just that. The prosecution had proved that on six counts that the defendants were under an obligation to deal with the money in a particular way. Accordingly, under the TA 1968, s 5(3) the money would be deemed to belong to the purchasers.

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R v Klineberg and Marsden [1999] 1 Cr App R 427 FACTS: The defendants (K and M) set up a company to buy a timeshare development under construction in Lanzarote and to sell the timeshares. The purchasers were told that their money woul

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Question
R v Klineberg and Marsden [1999] 1 Cr App R 427
FACTS: The defendants (K and M) set up a company to buy a timeshare development under construction in Lanzarote and to sell the timeshares. The purchasers were told that their money would be paid to a stake-holding trust company to be held on trust until the development had been completed and was ready for occupation. Various purchasers paid a total of £500,000 for timeshares of which only £233 was paid to the trust company. The rest was paid into the company's bank account and 'lost' when the company went into liquidation. K and M were convicted of ten counts of theft. They appealed against their convictions, arguing that once the money was paid into the company's account, it no longer belonged to the customers. HELD: The Court of Appeal dismissed the appeal in part and upheld six of the ten convictions. They stated that [...]. The prosecution had proved that on six counts that the defendants were under an obligation to deal with the money in a particular way. Accordingly, under the TA 1968, s 5(3) the money would be deemed to belong to the purchasers.
Answer
K and M's express assurances that the money would be safeguarded by payment to a stake-holding trust company meant that they were under a legal obligation to do just that

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against their convictions, arguing that once the money was paid into the company's account, it no longer belonged to the customers. HELD: The Court of Appeal dismissed the appeal in part and upheld six of the ten convictions. They stated that <span>K and M's express assurances that the money would be safeguarded by payment to a stake-holding trust company meant that they were under a legal obligation to do just that. The prosecution had proved that on six counts that the defendants were under an obligation to deal with the money in a particular way. Accordingly, under the TA 1968, s 5(3) the money

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Question
The TA 1968, s [...] caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.
Answer
5(4)

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The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

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Flashcard 1368193895692

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Question
The [statute] caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.
Answer
TA 1968, s 5(4)

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The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

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Question
The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows [...].
Answer
property to belong to another for the purposes of the Act

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The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

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Flashcard 1368267033868

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Question
The TA 1968, s 5(4) caters for the situation where [...] and allows property to belong to another for the purposes of the Act.
Answer
title has passed to the defendant due to another's mistake

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The TA 1968, s 5(4) caters for the situation where title has passed to the defendant due to another's mistake and allows property to belong to another for the purposes of the Act.

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Flashcard 1368315530508

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Question
The TA 1968, s [...] provides that a person can appropriate property dishonestly, despite being willing to pay for the property.
Answer
2(2)

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The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property.

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Flashcard 1368322608396

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Question
The [statute] provides that a person can appropriate property dishonestly, despite being willing to pay for the property.
Answer
TA 1968, s 2(2)

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The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property.

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Flashcard 1368336502028

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Question
The TA 1968, s 2(2) provides that [...].
Answer
a person can appropriate property dishonestly, despite being willing to pay for the property

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The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property.

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Flashcard 1368357473548

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Question
The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property. This allows people to be convicted of theft when they [...].
Answer
take property that the owner does not wish to sell, intending to pay for that property

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The TA 1968, s 2(2) provides that a person can appropriate property dishonestly, despite being willing to pay for the property. This allows people to be convicted of theft when they take property that the owner does not wish to sell, intending to pay for that property.

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Question
Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten (at which point it also ceases to be property) or possibly earlier, e.g. when it is ordered and cooked in a restaurant.
Answer
Corcoran v Whent ([1977] Crim LR 52.)

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Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant.

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Flashcard 1368394435852

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Question
Ownership of property usually passes [...], but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant.
Answer
when it is paid for

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Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and

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Flashcard 1368396008716

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Question
Ownership of property usually passes when it is paid for, but ownership of food passes [...] – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant.
Answer
when it is eaten

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Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant.</ht

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Flashcard 1368398892300

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Question
Ownership of petrol passes when [...].
Answer
it is put in a petrol tank

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Ownership of petrol passes when it is put in a petrol tank.

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Flashcard 1368400465164

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Question
Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be [...] s3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.
Answer
making off without payment under

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rty) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be <span>making off without payment under s3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.<span><body><html>

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Flashcard 1368402038028

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Question
Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under s[...] Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.
Answer
3

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hen it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under s<span>3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.<span><body><html>

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Flashcard 1368403610892

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Question
Ownership of property usually passes when it is paid for, but ownership of food passes when it is eaten – Corcoran v Whent ([1977] Crim LR 52.) (at which point it also ceases to be property) – or possibly earlier, e.g. when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under [statute] which was brought in to cover those who were unable to be convicted of theft in these situations.
Answer
s3 Theft Act 1978

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when it is ordered and cooked in a restaurant. Ownership of petrol passes when it is put in a petrol tank. In the absence of mens rea from the outset, the appropriate charge for this type of offence would be making off without payment under <span>s3 Theft Act 1978 which was brought in to cover those who were unable to be convicted of theft in these situations.<span><body><html>

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Flashcard 1368407280908

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Question
The TA 1968, s [...] requires that the accused must 'intend to permanently deprive' the owner of his property.
Answer
1(1)

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The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

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Flashcard 1368408853772

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Question
The TA 1968, s 1(1) requires that the accused must [...].
Answer
'intend to permanently deprive' the owner of his property

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The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

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Flashcard 1368410426636

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Question
The accused must 'intend to permanently deprive' the owner of his property.
Answer
TA 1968, s 1(1)

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The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

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The [statute] requires that the accused must 'intend to permanently deprive' the owner of his property.
Answer
TA 1968, s 1(1)

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The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property.

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The TA 1968, s 1(1) requires that the accused must 'intend to permanently deprive' the owner of his property. There is no requirement that the owner is actually deprived of his property permanently. The defendant must have the intention to permanently deprive [...].
Answer
at the time of the appropriation

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requires that the accused must 'intend to permanently deprive' the owner of his property. There is no requirement that the owner is actually deprived of his property permanently. The defendant must have the intention to permanently deprive <span>at the time of the appropriation.<span><body><html>

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The TA 1968, s [...] states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.
Answer
6(1)

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The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

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The [statute] states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.
Answer
TA 1968, s 6(1)

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The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

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Question
If the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.
Answer
TA 1968, s 6(1)

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The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

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The TA 1968, s 6(1) states that if the defendant has an intention to [...], this will amount to an intention to permanently deprive.
Answer
treat the thing as his own to dispose of regardless of the others rights

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The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

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The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will [...].
Answer
amount to an intention to permanently deprive

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The TA 1968, s 6(1) states that if the defendant has an intention to treat the thing as his own to dispose of regardless of the others rights, this will amount to an intention to permanently deprive.

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R v Fernandes [1996] 1 Cr App R 175
Answer
FACTS: Fernandes was a solicitor who transferred money out of his clients' accounts and invested it in a risky money-lending business. The money was lost. He claimed not to have had an intention to permanently deprive as he intended to return the money. It was argued on his behalf that the TA 1968, s 6(1) only covered cases of selling the owner his own property, of borrowing and of pawning (which is covered by the TA 1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – Auld LJ:

'We consider that section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.'


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R v Fernandes [1996] 1 Cr App R 175 FACTS: Fernandes was a solicitor who transferred money out of his clients' accounts and invested it in a risky money-lending business. The money was lost. He claimed not to have had an i

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Section 6 TA 1968 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.
Answer
R v Fernandes [1996] 1 Cr App R 175

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1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – Auld LJ: 'We consider that <span>section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.' <span><body><html>

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R v Fernandes [1996] 1 Cr App R 175
FACTS: Fernandes was a solicitor who transferred money out of his clients' accounts and invested it in a risky money-lending business. The money was lost. He claimed not to have had an intention to permanently deprive as he intended to return the money. It was argued on his behalf that the TA 1968, s 6(1) only covered cases of selling the owner his own property, of borrowing and of pawning (which is covered by the TA 1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – [Who]:

'We consider that section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.'

Answer
Auld LJ

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d of pawning (which is covered by the TA 1968, s 6(2) see below). HELD: The Court of Appeal held that these were merely three examples of treating property as your own to dispose of regardless of the other's rights and there could be others – <span>Auld LJ: 'We consider that section 6 may apply to a person in possession or control of another's property who, dishonestly and for his own purpose, deals with that property in such

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The offence of theft is found in s [...] Theft Act 1968, which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’
Answer
1(1)

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The offence of theft is found in s 1(1) Theft Act 1968, which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

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The offence of theft is found in [statute], which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’
Answer
s 1(1) Theft Act 1968

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The offence of theft is found in s 1(1) Theft Act 1968, which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

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The offence of theft is found in s 1(1) Theft Act 1968, which provides: [...]
Answer
'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

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The offence of theft is found in s 1(1) Theft Act 1968, which provides: 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …’

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R v Morris [1983] 3 All ER 288
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