3. Theft

Question 1

THEFT

Answer 1

Def: Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it (s.1(1) Theft Act 1968)
Max S: 7 years

Question 2

Theft: ACTUS REUS

Answer 2

AR: Appropriation of property belonging to another

Question 3

Theft: MENS REA

Answer 3

MR: Dishonesty and intention to permanently deprive

Question 4

Theft: DEFENCES

Answer 4

All general defences are avaliable

Self-Defence - particularly unlikley to apply where D has been dishonest.

Intoxication - Theft is a SIC.

Consent - Specifically covered by s.2(1)(b) TA 1968.

Question 5

Theft: AR - APPROPRIATION

Answer 5

1. APPROPRIATION (s.3 TA 1968) - any assumption by a person of the rights of the owner will amount to an appropriation (s.3(1)), can be an assumption of any one right of the owner (R v Morris)
   - Is a NEUTRAL act, therefore owner’s consent is irrelevant (DPP v Gomez), also possible to steal gifts (R v Hinks)
   EGs: offering someone’s property for sale (R v Pitham and Hehl). Switching labels on products (R v Morris). Damaging or destroying property.

• Later appropriation (s.3(1))
• – where D later acquires the MR for theft after initially innocently assuming the rights of the owner, will have committed a later appropriation. The theft takes place at the moment D forms the MR.
• Continuing Appropriation
• – the act of appropriation need not be instantaneous but may be continuous and on-going (R v Hale)
• Innocent Appropriation (s.3(2))
• – D will not be liable for theft if they buy stolen goods for value in good faith, regardless of whether they later learn of the true owner (R v Adams).

Question 6

Theft: AR - PROPERTY

Answer 6

2. PROPERTY (s.4)
   Includes money and all other property, real or personal including things in action and other intangible property (s.4(1)).
   - Things in action = debts, rights under a trust, cheques, money in an account.
   - other intangible property = patents, shares.
   - CAN’T be stolen
   — Electricity (Low v Blease)
   — Confidential Info (Oxford v Moss)
   — Things growing on land (s.4(3)), UNLESS D takes it for reward, sale or some commercial purpose.

Question 7

Theft: AR - BELONGING TO ANOTHER

Answer 7

3. BELONGING TO ANOTHER (s.5)
   Property belongs to another when that person has (s.5(1)):
   - possession or control of it, or
   - a proprietary right or interest in it. “Interest” includes E interests (R v Shadrokh-Cigari)

• Abandoned Property
• – to be “abandoned”, owner must have intended to relinquish ALL rights over it. Courts generally reluctant to hold so.
• – Not even rubbish is abandoned as expectation that it will be collected (Williams v Phillips)
• – merely being forgotten or lost doesn’t mean abandoned (Moffatt v Kazana)
• Possession or Control
• – must exercise sufficient control over land on which the property exists (R v Woodman; Hibbert v Mckierman cf Parker v BA Board)
• Stealing ones own property
• – possible if in the control/possession of another (R v Turner (No. 2))
• Property given for a particular purpose (s.5(3))
• – must be under a LEGAL obligation
• – whether this is the case is for the judge to decide as a matter of law (R v Breaks and Huggan)
• Property received through another’s mistake (s.5(4))
• – where fail to make restoration of the property, will constitute theft.
• – the obligation to restore arises when aware of the mistake (AG’s Ref. (No. 1 of 1983)).

Question 8

Theft: MR - DISHONESTY

Answer 8

1. DISHONESTY
   - not defined by the TA 1968, ordinary meaning should be used eg, deceitfulness.
   - can be dishonest whether willing to pay or not (s.2(2))

NO DisH if D honestly believes that:
- has right IN LAW to deprive the other of the property for himself/3rd party (s.2(1)(a)), OR
- the person would consent if they knew of the circumstances, OR
- owner cannot be discovered by R steps (s.2(1)(c))
— if later become aware of the owner but keep property = later appropriation.
NB: no requirement of D’s belief to be R itself (R v Robinson).

Where above doesn’t apply, TEST (Ivey v Genting):

• was D dishonest by standard of an ordinary, R individual holding the same knowledge as D?
• if YES, then DisH. is an OBJ tes.

Timing of dishonesty

• GR: ownership of property passes when paid for.
• – Ex 1: ownership passes when food is eaten (Corcoran v Whent)
• – Ex 2: ownership passes when petrol enters tank (Edwards v Ddin)

Question 9

Theft: MR - INTENTION TO PERMANENTLY DEPRIVE

Answer 9

2. INTENTION TO PERMANENTLY DEPRIVE (s.6)
   - not defined by TA 1968, so ordinary meaning (aim to keep or have forever).
   - owner need not actually be deprived of the property, D need only intend to deprive them of it.
   - if returning, must be the VERY SAME property, otherwise this is still satisfied (R v Velumyl)
   - ONLY CONSIDER if unclear whether D aimed to keep property permanently.

D must intend to deprive permanently to be guilty of theft (R v Lloyd) UNLESS s.6(1) applies:

• D treated as if had proper intention if they intend to treat the property as their own to dispose of.
• – “to deal with definitely” (R v Cahill)
• – EG sell owner their own property (R v Scott), making property useless (DPP v J).
• – “risks its loss” (R v Fernandes; R v Marshall and Others)
• – will not suffice to deal with as own, must be disposed of (R v Mitchell)

Borrowing

• may suffice IF for a period and in circumstances that make it equivalent to outright taking or disposal (R v Lloyd)
• – if property returned in a condition so different that it has lost all value (R v Lloyd per Lord Lane CJ),
• – EG used train tickets (R v Beecham)