IIRC, information is not property.
Regards - Michael Bacon
Grimbaldus Limited
> On 19 Feb 2015, at 13:50, Phil Bradshaw <[log in to unmask]> wrote:
>
> I Must disagree with Lawrence here. The knowledge, recklessness and consent of the DC must be judged at the time of the procuring or obtaining. Not at the later time of retention.
>
> On the other hand it may well be a theft under s1 of the Theft Act as appropriation there includes "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" s3, and dishonesty can be judged at the time of appropriation (s2). However it is 30+ years since I studied criminal law and under s2 you have to take into account belief ...
>
> In fact s3 Theft Act shows the flaw in Lawrence view. If you want to extend the meaning of obtain you would need an equivalent in s55 DPA
>
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