where is theft found?
define theft
section 2?
dishonesty?
Ghosh test?
section 3?
appropriation?
only 1 right needs to be assumed...
a gift will be invalid (appropriated) if consent is not genuine...
a valid gift can be appropriated if the donor is vulnerable...
section 4?
s4(1)
what is property?
stealing real property?
4(2)
wild plants?
wild creatures?
corpses/body parts aren't property...
bodily fluids are property...
information cannot be stolen...
physical written/recorded information (exam papers etc) can be stolen...
section 5?
define 'belonging to another'
can appropriate your own property...
discarded/forgotten property still belongs to another...
s5(3)
if D receives property for a specific purpose, the property still belongs to 'the giver'
s5(4)
if D receives property by mistake, the property still belongs to 'the giver' that made the mistake.
section 6?
define 'intention to permanently deprive'
R v Lavender
must intend to return exactly what was appropriated...
borrowing is temporary deprivation and is not intention to permanently deprive...
s6(2)?
goodness, virtue and value must remain intact if borrowed...
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