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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

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


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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

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 [...]. 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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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

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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

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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

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#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

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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

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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

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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

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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

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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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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

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#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

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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

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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

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#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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Question
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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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 [...]. 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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Question
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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Question
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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Question
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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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 [...]. 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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Question
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

Tags
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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

Tags
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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

Tags
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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

Tags
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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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Flashcard 1367899507980

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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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Flashcard 1367901342988

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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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Flashcard 1367903964428

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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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Flashcard 1367909469452

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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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Flashcard 1367911828748

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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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Flashcard 1367913401612

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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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Flashcard 1367918906636

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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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Flashcard 1368092445964

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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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Flashcard 1368136748300

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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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Flashcard 1368392076556

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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

Tags
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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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Question
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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Question
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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Question
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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Question
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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Question
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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Flashcard 1368426155276

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Question
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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Question
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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Flashcard 1368430087436

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Question
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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Question
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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Question
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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Question
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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Question
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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Flashcard 1368440311052

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Question
R v Morris [1983] 3 All ER 288
Answer
FACTS: The defendant took items from a shelf in a self-service shop. He removed the correct price labels and replaced them with labels taken from lower-priced goods. At the checkout, the defendant paid the lower price for the items. He was arrested and subsequently convicted of theft. HELD: Both the Court of Appeal and the House of Lords dismissed his appeal against conviction. It was held that it is only necessary to assume one of the rights of the owner. It was the owner’s right to label his goods, so when Morris swapped the labels this was an appropriation.


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R v Morris [1983] 3 All ER 288 FACTS: The defendant took items from a shelf in a self-service shop. He removed the correct price labels and replaced them with labels taken from lower-priced goods. At the checkout, the

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Question
Two important points emerge from this case.
(1) The assumption of any one of the rights of an owner amounts to an appropriation.
(2) D may be guilty of theft although he does not intend by the act of appropriation itself to deprive P permanently of the property.
Answer
R v Morris [1983] 3 All ER 288


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R v Morris [1983] 3 All ER 288 FACTS: The defendant took items from a shelf in a self-service shop. He removed the correct price labels and replaced them with labels taken from lower-priced goods. At the checkout, the

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Question
The assumption of any one of the rights of an owner amounts to an appropriation.
Answer
R v Morris [1983] 3 All ER 288


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on. It was held that it is only necessary to assume one of the rights of the owner. It was the owner’s right to label his goods, so when Morris swapped the labels this was an appropriation. Two important points emerge from this case. (1) <span>The assumption of any one of the rights of an owner amounts to an appropriation. (2) D may be guilty of theft although he does not intend by the act of appropriation itself to deprive P permanently of the property.<span><body><html>

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Question
D may be guilty of theft although he does not intend by the act of appropriation itself to deprive P permanently of the property.
Answer
R v Morris [1983] 3 All ER 288


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the owner’s right to label his goods, so when Morris swapped the labels this was an appropriation. Two important points emerge from this case. (1) The assumption of any one of the rights of an owner amounts to an appropriation. (2) <span>D may be guilty of theft although he does not intend by the act of appropriation itself to deprive P permanently of the property.<span><body><html>

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Flashcard 1368451845388

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Question
The decision in [case], that appropriation is a neutral act, makes it possible for there to be theft of a gift.
Answer
R v Gomez [1993] 1 All ER 1 (HL)


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The decision in R v Gomez [1993] 1 All ER 1 (HL), that appropriation is a neutral act, makes it possible for there to be theft of a gift.

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Question
The decision in R v Gomez [1993] 1 All ER 1 (HL), that appropriation is a neutral act, makes it [...].
Answer
possible for there to be theft of a gift


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The decision in R v Gomez [1993] 1 All ER 1 (HL), that appropriation is a neutral act, makes it possible for there to be theft of a gift.

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Question
It is possible for there to be a theft of a gift.
Answer
R v Gomez [1993] 1 All ER 1 (HL)


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The decision in R v Gomez [1993] 1 All ER 1 (HL), that appropriation is a neutral act, makes it possible for there to be theft of a gift.

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Question
R v Hinks [2000] 4 All ER 833
Answer
FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She influenced, persuaded, or coerced him into giving her this money. Ultimately, he gave her £60,000. She was charged with theft. The trial judge directed the jury to consider the donor's state of mind when he gave the defendant the money and whether the defendant was dishonest. The defendant was convicted. She appealed against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore appropriation could take place with or without the consent of the owner; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.


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R v Hinks [2000] 4 All ER 833 FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She

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Question
R v Hinks [2000] 4 All ER 833 FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She influenced, persuaded, or coerced him into giving her this money. Ultimately, he gave her £60,000. She was charged with theft. The trial judge directed the jury to consider the donor's state of mind when he gave the defendant the money and whether the defendant was dishonest. The defendant was convicted. She appealed against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore appropriation could take place with or without the consent of the owner; and (c) therefore [...].
Answer
a person could be guilty of stealing a valid inter vivos gift


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ords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore appropriation could take place with or without the consent of the owner; and (c) therefore <span>a person could be guilty of stealing a valid inter vivos gift.<span><body><html>

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Question
R v Hinks [2000] 4 All ER 833 FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She influenced, persuaded, or coerced him into giving her this money. Ultimately, he gave her £60,000. She was charged with theft. The trial judge directed the jury to consider the donor's state of mind when he gave the defendant the money and whether the defendant was dishonest. The defendant was convicted. She appealed against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore [...]; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.
Answer
appropriation could take place with or without the consent of the owner


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ould not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore <span>appropriation could take place with or without the consent of the owner; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.<span><body><html>

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Question
R v Hinks [2000] 4 All ER 833 FACTS: The defendant became friendly with a 53-year-old man of limited intelligence. Every day she took him to his building society and he withdrew the maximum daily amount of £300. She influenced, persuaded, or coerced him into giving her this money. Ultimately, he gave her £60,000. She was charged with theft. The trial judge directed the jury to consider the donor's state of mind when he gave the defendant the money and whether the defendant was dishonest. The defendant was convicted. She appealed against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) [...]; (b) therefore appropriation could take place with or without the consent of the owner; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.
Answer
appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation


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aled against her conviction on the grounds that the trial judge had failed to clearly direct the jury that she could not be guilty of theft if the donor had made a valid gift to her. HELD: The House of Lords dismissed the appeal and held: (a) <span>appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation; (b) therefore appropriation could take place with or without the consent of the owner; and (c) therefore a person could be guilty of stealing a valid inter vivos gift.<span></b

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Flashcard 1368467574028

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Question
The TA 1968, s [...] exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it.
Answer
3(2)


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The TA 1968, s 3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decid

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Flashcard 1368469146892

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Question
The [statute] exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it.
Answer
TA 1968, s 3(2)


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The TA 1968, s 3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decid

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Flashcard 1368471506188

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Question
The TA 1968, s 3(2) [...] where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it.
Answer
exempts a defendant from liability for theft


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The TA 1968, s 3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it.

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Question
The TA 1968, s 3(2) exempts a defendant from liability for theft where [...].
Answer
the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it


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The TA 1968, s 3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it.

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Question
The TA 1968, s 3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it. Note that [...] precludes the protection afforded by the TA 1968, s 3(2).
Answer
mala fides (bad faith)


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n>The TA 1968, s 3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it. Note that mala fides (bad faith) precludes the protection afforded by the TA 1968, s 3(2).<span><body><html>

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Flashcard 1368476224780

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Question
The TA 1968, s 3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it. Note that mala fides (bad faith) [...].
Answer
precludes the protection afforded by the TA 1968, s 3(2)


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3(2) exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it. Note that mala fides (bad faith) <span>precludes the protection afforded by the TA 1968, s 3(2).<span><body><html>

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Flashcard 1368478846220

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Question
The TA 1968, s [...] defines what property may be stolen. Generally, all property may be stolen, although there are certain exceptions in relation to land, things growing wild, and wild creatures.
Answer
4


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The TA 1968, s 4 defines what property may be stolen. Generally, all property may be stolen, although there are certain exceptions in relation to land, things growing wild, and wild creatures.</sp

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Question
The [statute] defines what property may be stolen. Generally, all property may be stolen, although there are certain exceptions in relation to land, things growing wild, and wild creatures.
Answer
TA 1968, s 4


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The TA 1968, s 4 defines what property may be stolen. Generally, all property may be stolen, although there are certain exceptions in relation to land, things growing wild, and wild creatures.</sp

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Flashcard 1368482778380

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Question
The TA 1968, s 4 defines what property may be stolen. Generally, [...], although there are certain exceptions in relation to land, things growing wild, and wild creatures.
Answer
all property may be stolen


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The TA 1968, s 4 defines what property may be stolen. Generally, all property may be stolen, although there are certain exceptions in relation to land, things growing wild, and wild creatures.

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Flashcard 1368484351244

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Question
The TA 1968, s 4 defines what property may be stolen. Generally, all property may be stolen, although there are certain exceptions in relation to [...].
Answer
land, things growing wild, and wild creatures


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The TA 1968, s 4 defines what property may be stolen. Generally, all property may be stolen, although there are certain exceptions in relation to land, things growing wild, and wild creatures.

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Flashcard 1368485924108

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Question
Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.
Answer
TA 1968, s 5(3)


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bles the prosecution to prove that the property still belongs to another for the purposes of the Act, without the need to use the TA 1968, s 5(1), which could involve much more complex legal issues. The TA 1968, s 5(3) provides: '<span>Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.' <span><body><html>

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Flashcard 1368488283404

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Question
The TA 1968, s 5(3) enables the prosecution to prove that the property still belongs to another for the purposes of the Act, without the need to use the TA 1968, s 5(1), which could involve much more complex legal issues. The TA 1968, s 5(3) provides:

'Where a person [...], and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.'

Answer
receives property from or on account of another


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ution to prove that the property still belongs to another for the purposes of the Act, without the need to use the TA 1968, s 5(1), which could involve much more complex legal issues. The TA 1968, s 5(3) provides: 'Where a person <span>receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belong

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Flashcard 1368489856268

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Question
The TA 1968, s 5(3) enables the prosecution to prove that the property still belongs to another for the purposes of the Act, without the need to use the TA 1968, s 5(1), which could involve much more complex legal issues. The TA 1968, s 5(3) provides:

'Where a person receives property from or on account of another, and [...], the property or proceeds shall be regarded (as against him) as belonging to the other.'

Answer
is under an obligation to the other to retain and deal with that property or its proceeds in a particular way


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ther for the purposes of the Act, without the need to use the TA 1968, s 5(1), which could involve much more complex legal issues. The TA 1968, s 5(3) provides: 'Where a person receives property from or on account of another, and <span>is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.' <span><body><html>

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Flashcard 1368491429132

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Question
The TA 1968, s 5(3) enables the prosecution to prove that the property still belongs to another for the purposes of the Act, without the need to use the TA 1968, s 5(1), which could involve much more complex legal issues. The TA 1968, s 5(3) provides:

'Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall [...]'

Answer
be regarded (as against him) as belonging to the other.


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, s 5(3) provides: 'Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall <span>be regarded (as against him) as belonging to the other.' <span><body><html>

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Flashcard 1368493526284

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Question
R v Breaks and Huggan [1998] Crim LR 349
Answer
FACTS: The defendants (B and H) were the directors of an insurance brokerage company, which placed insurance on behalf of clients with Lloyds of London, through Lloyds' brokers. They failed to keep funds given to them by clients separate from their private funds and the company's account. They did not pay the money into a separate client account. The money was used for unauthorised purposes and the defendants were charged with theft. The prosecution alleged that while the money was in the defendants' account, they were under a legal obligation to forward this money on to the insurance brokers. Accordingly, under the TA 1968, s 5(3), the money still belonged to the clients and the defendants were guilty of stealing it when they dishonestly used it for an unauthorised purpose. The trial judge ruled that the object of the TA 1968, s 5(3) was to avoid the effects of civil law regarding the passing of title in money. The TA 1968, s 5(3) would effectively and automatically apply when money was given with the expectation that it would be used for a particular purpose. The accused were convicted and appealed to the Court of Appeal against their convictions. HELD: The Court of Appeal held that the TA 1968, s 5(3) had no automatic application. It was for the trial judge to decide, in each individual case, whether the accused was under a legal obligation according to civil law, to deal with the property in a particular way. B and H's convictions were quashed.


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R v Breaks and Huggan [1998] Crim LR 349 FACTS: The defendants (B and H) were the directors of an insurance brokerage company, which placed insurance on behalf of clients with Lloyds of London, through Lloyds' brokers. They f

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Flashcard 1368495885580

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Question
R v Wain [1995] 2 Cr App R 660
Answer
FACTS: The defendant raised money in a telethon for a charity. He deposited the monies into a separate bank account, but when asked for the proceeds by the charity organisers he made excuses not to hand the money over and obtained permission to pay it into his own bank account. He then handed cheques drawn on his own account to the organisers but these were not met. At the same time, he was withdrawing money from the account for his own use. HELD: The Court of Appeal held:

'[B]y virtue of section 5(3), the appellant was plainly under an obligation to retain, if not the actual notes and coins, at least their proceeds, that is to say the money credited in the bank account which he opened for the trust with the actual property. When he took the money credited to that account and moved it over to his own bank account, it was still the proceeds of the notes and coins donated which he proceeded to use for his own purposes, thereby appropriating them.'


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R v Wain [1995] 2 Cr App R 660 FACTS: The defendant raised money in a telethon for a charity. He deposited the monies into a separate bank account, but when asked for the proceeds by the charity organisers he made exc

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Flashcard 1368500079884

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Question
Moynes v Cooper [1956] 1 QB 439
Answer
FACTS: D, a labourer, had an advance on his wage. By mistake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then decided to keep the full wages. HELD: His conviction for larceny was quashed. Ownership of the money passed when it was given to him. At this time he had not formed the dishonest intention to keep the money. The TA 1968, s 5(4) provides:

'Where a person gets property by another's mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.'


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Moynes v Cooper [1956] 1 QB 439 FACTS: D, a labourer, had an advance on his wage. By mistake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then de

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Flashcard 1368502701324

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Question
Moynes v Cooper [1956] 1 QB 439 FACTS: D, a labourer, had an advance on his wage. By mistake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then decided to keep the full wages. HELD: [...]. Ownership of the money passed when it was given to him. At this time he had not formed the dishonest intention to keep the money. The TA 1968, s 5(4) provides:

'Where a person gets property by another's mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.'

Answer
His conviction for larceny was quashed


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oper [1956] 1 QB 439 FACTS: D, a labourer, had an advance on his wage. By mistake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then decided to keep the full wages. HELD: <span>His conviction for larceny was quashed. Ownership of the money passed when it was given to him. At this time he had not formed the dishonest intention to keep the money. The TA 1968, s 5(4) provides: 'Where a pe

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Flashcard 1368504274188

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Question
Moynes v Cooper [1956] 1 QB 439 FACTS: D, a labourer, had an advance on his wage. By mistake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then decided to keep the full wages. HELD: His conviction for larceny was quashed. Ownership of the money passed when [...]. At this time he had not formed the dishonest intention to keep the money. The TA 1968, s 5(4) provides:

'Where a person gets property by another's mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.'

Answer
it was given to him


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istake, the advance was not deducted from his wage packet at the end of the week. D discovered this when he arrived home and then decided to keep the full wages. HELD: His conviction for larceny was quashed. Ownership of the money passed when <span>it was given to him. At this time he had not formed the dishonest intention to keep the money. The TA 1968, s 5(4) provides: 'Where a person gets property by another's mistake, and is under an

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Flashcard 1368506109196

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Question
A-G's Reference (No 1 of 1983) [1984] 3 All ER 369
Answer
FACTS: The defendant, a policewoman, was mistakenly overpaid £74.74 for overtime that she had not worked and the money was credited to her bank account. At the original trial, the judge misdirected the jury to acquit the defendant, therefore the prosecution appealed to the Court of Appeal on a point of law. HELD: The Court of Appeal held that although ownership of the money had passed to the defendant, from the moment she became aware that the mistake had been made, she was under a legal obligation to restore the money. Consequently, by virtue of the TA 1968, s 5(4) [1988] Crim LR 465 for the purposes of the Theft Act 1968, the money would be regarded as belonging to the police authority.


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A-G's Reference (No 1 of 1983) [1984] 3 All ER 369 FACTS: The defendant, a policewoman, was mistakenly overpaid £74.74 for overtime that she had not worked and the money was credited to her bank account. At the original trial, the judg

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Flashcard 1368508468492

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Question
A-G's Reference (No 1 of 1983) [1984] 3 All ER 369 FACTS: The defendant, a policewoman, was mistakenly overpaid £74.74 for overtime that she had not worked and the money was credited to her bank account. At the original trial, the judge misdirected the jury to acquit the defendant, therefore the prosecution appealed to the Court of Appeal on a point of law. HELD: The Court of Appeal held that [...]. Consequently, by virtue of the TA 1968, s 5(4) [1988] Crim LR 465 for the purposes of the Theft Act 1968, the money would be regarded as belonging to the police authority.
Answer
although ownership of the money had passed to the defendant, from the moment she became aware that the mistake had been made, she was under a legal obligation to restore the money


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and the money was credited to her bank account. At the original trial, the judge misdirected the jury to acquit the defendant, therefore the prosecution appealed to the Court of Appeal on a point of law. HELD: The Court of Appeal held that <span>although ownership of the money had passed to the defendant, from the moment she became aware that the mistake had been made, she was under a legal obligation to restore the money. Consequently, by virtue of the TA 1968, s 5(4) [1988] Crim LR 465 for the purposes of the Theft Act 1968, the money would be regarded as belonging to the police authority. </s

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Flashcard 1368510041356

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Question
A-G's Reference (No 1 of 1983) [1984] 3 All ER 369 FACTS: The defendant, a policewoman, was mistakenly overpaid £74.74 for overtime that she had not worked and the money was credited to her bank account. At the original trial, the judge misdirected the jury to acquit the defendant, therefore the prosecution appealed to the Court of Appeal on a point of law. HELD: The Court of Appeal held that although ownership of the money had passed to the defendant, from the moment she became aware that the mistake had been made, she was under a legal obligation to restore the money. Consequently, by virtue of the TA 1968, s 5(4) [1988] Crim LR 465 for the purposes of the Theft Act 1968, the money would be regarded as [...].
Answer
belonging to the police authority


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he became aware that the mistake had been made, she was under a legal obligation to restore the money. Consequently, by virtue of the TA 1968, s 5(4) [1988] Crim LR 465 for the purposes of the Theft Act 1968, the money would be regarded as <span>belonging to the police authority. <span><body><html>

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Question
The Act does not define intention to permanently deprive and [...]. The TA 1968, s 6 should not be referred to where it is clear that the defendant does intend the owner to lose his property permanently: R v Lloyd ([1985] 2 All ER 661.)
Answer
it should be given its ordinary everyday meaning


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The Act does not define intention to permanently deprive and it should be given its ordinary everyday meaning. The TA 1968, s 6 should not be referred to where it is clear that the defendant does intend the owner to lose his property permanently: R v Lloyd ([1985] 2 All ER 661.)

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Flashcard 1368513187084

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Question
The TA 1968, s 6 should not be referred to where it is clear that the defendant does intend the owner to lose his property permanently
Answer
R v Lloyd ([1985] 2 All ER 661


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The Act does not define intention to permanently deprive and it should be given its ordinary everyday meaning. The TA 1968, s 6 should not be referred to where it is clear that the defendant does intend the owner to lose his property permanently: R v Lloyd ([1985] 2 All ER 661.)

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Flashcard 1368515546380

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Question
The Act does not define intention to permanently deprive and it should be given its ordinary everyday meaning. The TA 1968, s 6 should not be referred to where [...]: R v Lloyd ([1985] 2 All ER 661.)
Answer
it is clear that the defendant does intend the owner to lose his property permanently


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The Act does not define intention to permanently deprive and it should be given its ordinary everyday meaning. The TA 1968, s 6 should not be referred to where it is clear that the defendant does intend the owner to lose his property permanently: R v Lloyd ([1985] 2 All ER 661.)

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Flashcard 1368517381388

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Question
R v Raphael [2008] EWCA Crim 1014
Answer
FACTS: The defendants had taken the victims' cars by force, demanding money in return for their return. HELD: The Divisional Court agreed that this situation was covered by the TA 1968, s 6(1).


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R v Raphael [2008] EWCA Crim 1014 FACTS: The defendants had taken the victims' cars by force, demanding money in return for their return. HELD: The Divisional Court agreed that this situation was covered by the TA 1968

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Flashcard 1368519740684

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Question
The dictionary definition accords with what had been stated previously by [who] in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.
Answer
Lord Lane


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The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if

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Flashcard 1368522099980

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Question
The dictionary definition accords with what had been stated previously by Lord Lane in [case]. He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.
Answer
R v Lloyd ([1985] 2 All ER 661.)


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The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'r

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Flashcard 1368524459276

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Question
The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where [...]. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.
Answer
the defendant takes things and then offers them back to the owner to buy if he wishes


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The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.

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Flashcard 1368526032140

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Question
The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers [...].
Answer
'ransom cases' where D will only return the owner's property on the fulfilment of a condition


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reviously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers <span>'ransom cases' where D will only return the owner's property on the fulfilment of a condition.<span><body><html>

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Flashcard 1368527605004

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Question
The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s [...] covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.
Answer
6(1)


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The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner

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Flashcard 1368529177868

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Question
The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the [statute] covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner's property on the fulfilment of a condition.
Answer
TA 1968, s 6(1)


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The dictionary definition accords with what had been stated previously by Lord Lane in R v Lloyd ([1985] 2 All ER 661.). He said the first part of the TA 1968, s 6(1) covers situations where the defendant takes things and then offers them back to the owner to buy if he wishes. He said it also covers 'ransom cases' where D will only return the owner

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Flashcard 1368531537164

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Question
R v Cahill [1993] Crim LR 141
Answer
FACTS: In this case, the defendant and his co-accused, Jenner, were returning home after a night out. Both defendants were intoxicated. Two plain-clothed officers watched the defendants as they headed down the street. Cahill stumbled over a pile of newspapers meant for the nearby newsagents. It was alleged by the prosecution that Jenner took one of the papers and that Cahill picked up the package of newspapers and walked off with them. Both men were immediately arrested and subsequently convicted of theft. Cahill argued that he thought that he had picked up a bag of rubbish and he was under the impression that it would be left on a friend's doorstep as a practical joke.
HELD: His conviction for theft was quashed, on the basis that the original trial judge misdirected the jury on the meaning of the TA 1968, s 6(1), by failing to mention the words 'to dispose of'. The Court of Appeal determined that the phrase 'to dispose of' limited the operation of the TA 1968, s 6(1) to where the accused intended to: 'To deal with definitely: to get rid of; to get done with, finish. To make over by way of sale or bargain, sell.'


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R v Cahill [1993] Crim LR 141 FACTS: In this case, the defendant and his co-accused, Jenner, were returning home after a night out. Both defendants were intoxicated. Two plain-clothed officers watched the defendants

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Question
R v Cahill [1993] Crim LR 141 FACTS: In this case, the defendant and his co-accused, Jenner, were returning home after a night out. Both defendants were intoxicated. Two plain-clothed officers watched the defendants as they headed down the street. Cahill stumbled over a pile of newspapers meant for the nearby newsagents. It was alleged by the prosecution that Jenner took one of the papers and that Cahill picked up the package of newspapers and walked off with them. Both men were immediately arrested and subsequently convicted of theft. Cahill argued that he thought that he had picked up a bag of rubbish and he was under the impression that it would be left on a friend's doorstep as a practical joke.
HELD: His conviction for theft was [...], on the basis that the original trial judge misdirected the jury on the meaning of the TA 1968, s 6(1), by failing to mention the words 'to dispose of'. The Court of Appeal determined that the phrase 'to dispose of' limited the operation of the TA 1968, s 6(1) to where the accused intended to: 'To deal with definitely: to get rid of; to get done with, finish. To make over by way of sale or bargain, sell.'
Answer
quashed


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d subsequently convicted of theft. Cahill argued that he thought that he had picked up a bag of rubbish and he was under the impression that it would be left on a friend's doorstep as a practical joke. HELD: His conviction for theft was <span>quashed, on the basis that the original trial judge misdirected the jury on the meaning of the TA 1968, s 6(1), by failing to mention the words 'to dispose of'. The Court of Appeal determined t

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Question
R v Cahill [1993] Crim LR 141 FACTS: In this case, the defendant and his co-accused, Jenner, were returning home after a night out. Both defendants were intoxicated. Two plain-clothed officers watched the defendants as they headed down the street. Cahill stumbled over a pile of newspapers meant for the nearby newsagents. It was alleged by the prosecution that Jenner took one of the papers and that Cahill picked up the package of newspapers and walked off with them. Both men were immediately arrested and subsequently convicted of theft. Cahill argued that he thought that he had picked up a bag of rubbish and he was under the impression that it would be left on a friend's doorstep as a practical joke.
HELD: His conviction for theft was quashed, on the basis that the original trial judge misdirected the jury on the meaning of the TA 1968, s 6(1), by failing to mention the words 'to dispose of'. The Court of Appeal determined that the phrase 'to dispose of' limited the operation of the TA 1968, s 6(1) to where the accused intended to: [...]
Answer
'To deal with definitely: to get rid of; to get done with, finish. To make over by way of sale or bargain, sell.'


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ted the jury on the meaning of the TA 1968, s 6(1), by failing to mention the words 'to dispose of'. The Court of Appeal determined that the phrase 'to dispose of' limited the operation of the TA 1968, s 6(1) to where the accused intended to: <span>'To deal with definitely: to get rid of; to get done with, finish. To make over by way of sale or bargain, sell.'<span><body><html>

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A review of all the important cases on this element was undertaken by the Court of Appeal in R v Vinall. ([2011] EWCA 6252.) The court did not even mention the case of Lavender and it is no longer thought to be good law. Instead, in R v Vinall Pitchford LJ said:

'What section 6(1) requires is a state of mind in the defendant which Parliament regards as the equivalent of an intention permanently to deprive, namely "[...]". The subsection does not require that the thing has been disposed of, nor does it require that the defendant intends to dispose of the thing in any particular way. No doubt evidence of a particular disposal or a particular intention to dispose of the thing will constitute evidence of the defendant's state of mind but it is, in our view, for the jury to decide upon the circumstances proved whether the defendant harboured the statutory intention.'

Answer
his intention to treat the thing as his own to dispose of regardless of the other's rights


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ger thought to be good law. Instead, in R v Vinall Pitchford LJ said: 'What section 6(1) requires is a state of mind in the defendant which Parliament regards as the equivalent of an intention permanently to deprive, namely "<span>his intention to treat the thing as his own to dispose of regardless of the other's rights". The subsection does not require that the thing has been disposed of, nor does it require that the defendant intends to dispose of the thing in any particular way. No doubt eviden

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Question
What section 6(1) requires is a state of mind in the defendant which Parliament regards as the equivalent of an intention permanently to deprive, namely "his intention to treat the thing as his own to dispose of regardless of the other's rights".
Answer
R v Vinall


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A review of all the important cases on this element was undertaken by the Court of Appeal in R v Vinall. ([2011] EWCA 6252.) The court did not even mention the case of Lavender and it is no longer thought to be good law. Instead, in R v Vinall Pitchford LJ said: 'What section

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A review of all the important cases on this element was undertaken by the Court of Appeal in R v Vinall. ([2011] EWCA 6252.) The court did not even mention the case of Lavender and it is no longer thought to be good law. Instead, in R v Vinall [who] said:

'What section 6(1) requires is a state of mind in the defendant which Parliament regards as the equivalent of an intention permanently to deprive, namely "his intention to treat the thing as his own to dispose of regardless of the other's rights". The subsection does not require that the thing has been disposed of, nor does it require that the defendant intends to dispose of the thing in any particular way. No doubt evidence of a particular disposal or a particular intention to dispose of the thing will constitute evidence of the defendant's state of mind but it is, in our view, for the jury to decide upon the circumstances proved whether the defendant harboured the statutory intention.'

Answer
Pitchford LJ


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review of all the important cases on this element was undertaken by the Court of Appeal in R v Vinall. ([2011] EWCA 6252.) The court did not even mention the case of Lavender and it is no longer thought to be good law. Instead, in R v Vinall <span>Pitchford LJ said: 'What section 6(1) requires is a state of mind in the defendant which Parliament regards as the equivalent of an intention permanently to deprive, namely "his int

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Question
So the question to ask where property has been borrowed is: '[...]' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.
Answer
Was the intention to return it minus all its goodness, virtue and practical value?


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So the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of

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So the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then [...], which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.
Answer
this will be equivalent to an outright taking or disposal


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So the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.</

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So the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as [...], which is equivalent to having an intention to permanently deprive.
Answer
treating it as his own to dispose of regardless of the other's rights


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y has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as <span>treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.<span><body><html>

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So the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to [...].
Answer
having an intention to permanently deprive


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ctical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to <span>having an intention to permanently deprive.<span><body><html>

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So the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the [statute] states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.
Answer
TA 1968, s 6(1)


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the question to ask where property has been borrowed is: 'Was the intention to return it minus all its goodness, virtue and practical value?' If the answer is 'yes', then this will be equivalent to an outright taking or disposal, which the <span>TA 1968, s 6(1) states counts as treating it as his own to dispose of regardless of the other's rights, which is equivalent to having an intention to permanently deprive.<span><body><html>

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Flashcard 1368560373004

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Question
The frustrating event that renders performance 'radically different' must occur [...]. The more unforeseeable the event is, the greater the likelihood that it will be deemed to render the contract 'radically different' from that which was contracted for.
Answer
after the formation of the contract


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The frustrating event that renders performance 'radically different' must occur after the formation of the contract. The more unforeseeable the event is, the greater the likelihood that it will be deemed to render the contract 'radically different' from that which was contracted for.</

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Question
The overarching principle is that the contract is frustrated because performance would now be [...] from that which was contracted for.
Answer
'radically different'


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The overarching principle is that the contract is frustrated because performance would now be 'radically different' from that which was contracted for.

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Question
The overarching principle is that the contract is frustrated because [...].
Answer
performance would now be 'radically different' from that which was contracted for


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The overarching principle is that the contract is frustrated because performance would now be 'radically different' from that which was contracted for.

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Case law shows that the doctrine of frustration may be invoked in circumstances where the contract becomes impossible to perform due to the total or partial destruction of some object necessary to the performance of the contract. In [case], the subject matter of the contract, i.e. the music hall, was destroyed making performance impossible.
Answer
Taylor v Caldwell


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n>Case law shows that the doctrine of frustration may be invoked in circumstances where the contract becomes impossible to perform due to the total or partial destruction of some object necessary to the performance of the contract. In Taylor v Caldwell, the subject matter of the contract, i.e. the music hall, was destroyed making performance impossible.<span><body><html>

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Question
Case law shows that the doctrine of frustration may be invoked in circumstances where the contract becomes impossible to perform due to [...]. In Taylor v Caldwell, the subject matter of the contract, i.e. the music hall, was destroyed making performance impossible.
Answer
the total or partial destruction of some object necessary to the performance of the contract


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Case law shows that the doctrine of frustration may be invoked in circumstances where the contract becomes impossible to perform due to the total or partial destruction of some object necessary to the performance of the contract. In Taylor v Caldwell, the subject matter of the contract, i.e. the music hall, was destroyed making performance impossible.

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Question
Case law shows that the doctrine of frustration may be invoked in circumstances where the contract becomes [...] to perform due to the total or partial destruction of some object necessary to the performance of the contract. In Taylor v Caldwell, the subject matter of the contract, i.e. the music hall, was destroyed making performance impossible.
Answer
impossible


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Case law shows that the doctrine of frustration may be invoked in circumstances where the contract becomes impossible to perform due to the total or partial destruction of some object necessary to the performance of the contract. In Taylor v Caldwell, the subject matter of the contract, i.e. the music

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Question
In [case], the music-hall artist 'Cheerful Charlie Chester' was called up for military service and the contract was frustrated.
Answer
Morgan v Manser [1948] 1 KB 183


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In Morgan v Manser [1948] 1 KB 183, the music-hall artist 'Cheerful Charlie Chester' was called up for military service and the contract was frustrated.

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Question
In Morgan v Manser [1948] 1 KB 183, the music-hall artist 'Cheerful Charlie Chester' was called up for military service and [outcome].
Answer
the contract was frustrated


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In Morgan v Manser [1948] 1 KB 183, the music-hall artist 'Cheerful Charlie Chester' was called up for military service and the contract was frustrated.

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Question
in [case], the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended.
Answer
Condor v The Barron Knights Ltd [1966] 1 WLR 87


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in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was

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Flashcard 1368582655244

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Question
in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract [...] because the drummer was not capable of performing the contract in the way intended.
Answer
was frustrated


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span>in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended.<span><body><html>

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Question
in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was frustrated because [...].
Answer
the drummer was not capable of performing the contract in the way intended


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The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was frustrated because <span>the drummer was not capable of performing the contract in the way intended.<span><body><html>

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Flashcard 1368586325260

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Question
in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working [...], whereas the group had engagements for seven nights a week, such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended.
Answer
three or four nights a week


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in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended.</sp

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Flashcard 1368587898124

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Question
in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for [...], such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended.
Answer
seven nights a week


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in Condor v The Barron Knights Ltd [1966] 1 WLR 87, the drummer in a pop group was taken ill and only capable of working three or four nights a week, whereas the group had engagements for seven nights a week, such that the contract was frustrated because the drummer was not capable of performing the contract in the way intended.

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Flashcard 1368590519564

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Question
in [case], the contract was frustrated when a pianist who was booked to perform a concert could not perform due to illness.
Answer
Robinson v Davison (1871) LR 6 Exch 269


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in Robinson v Davison (1871) LR 6 Exch 269, the contract was frustrated when a pianist who was booked to perform a concert could not perform due to illness.

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Question
in Robinson v Davison (1871) LR 6 Exch 269, the contract [...] when a pianist who was booked to perform a concert could not perform due to illness.
Answer
was frustrated


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in Robinson v Davison (1871) LR 6 Exch 269, the contract was frustrated when a pianist who was booked to perform a concert could not perform due to illness.

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Frustration may also occur where a change in the law or state intervention renders performance illegal. A classic example is where war breaks out, and to continue performance would mean trading with the enemy, as in [case], where a contract for the sale of machinery to be shipped to Gdynia was frustrated when that port was occupied by the enemy during World War II.
Answer
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32


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<head>Frustration may also occur where a change in the law or state intervention renders performance illegal. A classic example is where war breaks out, and to continue performance would mean trading with the enemy, as in Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32, where a contract for the sale of machinery to be shipped to Gdynia was frustrated when that port was occupied by the enemy during World War II.<html>

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Flashcard 1368597073164

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Question
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32
Answer
A contract for the sale of machinery to be shipped to Gdynia was frustrated when that port was occupied by the enemy during World War II.


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<head>Frustration may also occur where a change in the law or state intervention renders performance illegal. A classic example is where war breaks out, and to continue performance would mean trading with the enemy, as in Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32, where a contract for the sale of machinery to be shipped to Gdynia was frustrated when that port was occupied by the enemy during World War II.<html>

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Flashcard 1368599956748

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Question
The doctrine of frustration, as Viscount Simonds stated in Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93, 'must be applied [...]'.
Answer
within very narrow limits


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The doctrine of frustration, as Viscount Simonds stated in Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93, 'must be applied within very narrow limits'.

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Flashcard 1368601529612

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#contract #frustration #law
Question
The doctrine of frustration, as Viscount Simonds stated in [case], 'must be applied within very narrow limits'.
Answer
Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93


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The doctrine of frustration, as Viscount Simonds stated in Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93, 'must be applied within very narrow limits'.

Original toplevel document (pdf)

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Flashcard 1368603888908

Tags
#contract #frustration #law
Question
The doctrine of frustration, as [who] stated in Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93, 'must be applied within very narrow limits'.
Answer
Viscount Simonds


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The doctrine of frustration, as Viscount Simonds stated in Tsakiroglou Co Ltd v Noblee Thorl GmbH [1962] AC 93, 'must be applied within very narrow limits'.

Original toplevel document (pdf)

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Flashcard 1368606248204

Tags
#contract #frustration #law
Question
The general rules applicable to the doctrine of frustration only apply if something happens where [...]. The doctrine of frustration is a means of allocating unforeseen risks. If you could have foreseen an event, but failed to make provision for it in your contract, the doctrine of frustration will not apply.
Answer
the contract is silent on the point


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The general rules applicable to the doctrine of frustration only apply if something happens where the contract is silent on the point. The doctrine of frustration is a means of allocating unforeseen risks. If you could have foreseen an event, but failed to make provision for it in your contract, the doctrine of frus

Original toplevel document (pdf)

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Flashcard 1368607821068

Tags
#contract #frustration #law
Question
The general rules applicable to the doctrine of frustration only apply if something happens where the contract is silent on the point. The doctrine of frustration is a means of allocating unforeseen risks. If you could have foreseen an event, but failed to make provision for it in your contract, [...].
Answer
the doctrine of frustration will not apply


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on only apply if something happens where the contract is silent on the point. The doctrine of frustration is a means of allocating unforeseen risks. If you could have foreseen an event, but failed to make provision for it in your contract, <span>the doctrine of frustration will not apply.<span><body><html>

Original toplevel document (pdf)

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Flashcard 1368609656076

Tags
#contract #frustration #law
Question
Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274
Answer
the defendants agreed to allow an advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the hotel. The defendants maintained that this event frustrated the contract. It was held that the defendants were liable in damages. They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract.


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In Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274, the defendants agreed to allow an advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the

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Flashcard 1368612015372

Tags
#contract #frustration #law
Question
In [case], the defendants agreed to allow an advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the hotel. The defendants maintained that this event frustrated the contract. It was held that the defendants were liable in damages. They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract.
Answer
Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274


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In Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274, the defendants agreed to allow an advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the

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Flashcard 1368614374668

Tags
#contract #frustration #law
Question
In Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274, the defendants agreed to allow an advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the hotel. The defendants maintained that this event frustrated the contract. It was held that [...]. They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract.
Answer
the defendants were liable in damages


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n advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the hotel. The defendants maintained that this event frustrated the contract. It was held that <span>the defendants were liable in damages. They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract.<span><body><html>

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Flashcard 1368615947532

Tags
#contract #frustration #law
Question
In Walton Harvey Ltd v Walker & Homfrays Ltd [1931] 1 Ch 274, the defendants agreed to allow an advertising sign to be displayed on their hotel for a period of seven years. Before the seven years had expired, the local authority demolished the hotel. The defendants maintained that this event frustrated the contract. It was held that the defendants were liable in damages. [why].
Answer
They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract


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eir hotel for a period of seven years. Before the seven years had expired, the local authority demolished the hotel. The defendants maintained that this event frustrated the contract. It was held that the defendants were liable in damages. <span>They knew of the risk of the local authority demolishing the hotel and could have made provision for that in the contract.<span><body><html>

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Flashcard 1368618306828

Tags
#contract #frustration #law
Question
At common law, when a frustrating event occurs, the contract is [...], irrespective of the wishes of the parties. Consequently, rights which accrued before the frustrating event are enforceable, but no liability arises for obligations that would otherwise have accrued after the frustrating event took place. The operation of the rules at common law is perfectly illustrated by looking again at the 'Coronation Cases' Krell v Henry and Chandler v Webster.
Answer
terminated at the date of the frustrating event


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At common law, when a frustrating event occurs, the contract is terminated at the date of the frustrating event, irrespective of the wishes of the parties. Consequently, rights which accrued before the frustrating event are enforceable, but no liability arises for obligations that would otherwi

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Flashcard 1368619879692