6 - Property offences

Question 1

Theft

Answer 1

s1(1) theft act 1968
“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”

Question 2

actus reus of theft

Answer 2

s3 – Appropriates – actus reus
s4 – Property – actus reus
s5 – Belonging to Another – actus reus

Question 3

Appropriation

actus reus of theft

Answer 3

an assumption by a person of the rights of an owner amounts to appropriation”
The rights of an owner including, selling, destroying, lending, hiring it out

Question 4

Morris 1983

appropriatinon - actus reus of theft

Answer 4

D switched price labels so that his product had a lower price. He put it into his basket but not yet gone through the checkout
Held that by swapping labels and putting it into basket this was assumption enough

Question 5

consent to appropration

appropriation

Answer 5

Doesn’t state that the appropriation has to be without the consent of the owner

Question 6

Later assumption of rights

theft

Answer 6

S3(1) – it is also appropriation when the D acquires the property without stealing it, but then later tries to keep or deal with the property as the owner

Question 7

Property

theft

Answer 7

s4(1) - what can be stolen
* money
* real property
* personal property
* things in action
* other intangible thing s

things that cant be -
* land
* mushrooms, flowers,fruits or foliage growung wild unless picked for financial gain
* wild cratures, unless tamed, in capitivity or possesion of another

Question 8

Property

theft

Answer 8

s4(1) - what can be stolen
* money
* real property
* personal property
* things in action
* other intangible thing s

things that cant be -
* land
* mushrooms, flowers,fruits or foliage growung wild unless picked for financial gain
* wild cratures, unless tamed, in capitivity or possesion of another

Question 9

Real property

property (theft)

Answer 9

S4 - This is the legal term for land and buildings
These can only be stolen in the following circumstances:
* A trustee takes land in breach of his duties as a trustee
* Someone not in possession of the land severs anything forming part of the land from the land
Ie. Dismantles a wall to use the bricks somewhere else
A tenant takes a fixture or structure from the land let to him

Question 10

things in action

property (theft)

Answer 10

This is a right which can be enforced against another person by an action in law.
bank accounts
copyrights

Question 11

other intangible property

property (theft)

Answer 11

Rights which have no physical presence but can still be stolen
EG. A patent

Question 12

things that cannot be stoled (electricity)

Answer 12

electtricity cannot be stolen as it is a seperate offence
s11 Theft Act 1968 - of dishonestly using electricity without due authority

Question 13

Belonging to another

theft

Answer 13

S5 (1) - Defines having possession or control of the property or any proprietary interest in it is sufficient to be belonging to another

Question 14

Possesion or control

theft (belonging to another)

Answer 14

Normally the owner however:
Someone who hires a car has possession and control but doesn’t own it
The possession or control doesn’t have to be lawful

Question 15

Turner 1971

possesion or control

Answer 15

Turner left his car for repair at the garage and agreed to pay for the repairs when he collected it. Turner used a spare key and took back his car without payment. On appeal he was convicted of stealing his own car because at the time the garage had possession and control of it.

Question 16

Property Received Under an Obligation

Answer 16

s5(3) This is usually where money is handed over to the D on the basis that he will keep it for the owner or use it in a particular way
There is a legal obligation to retain the money and deal with it in the particular manner agreed.

Question 17

Hall 1972

under obligation (theft)

Answer 17

Travel agent who received deposits but never bought any tickets for clients and was unable to return the money. The money was put into the general business account and because of that D couldn’t be convicted of theft as he wasn’t obliged to deal with the money in any particular way.

Question 18

Property recieved by mistake

theft

Answer 18

s5(4) - property received by mistake remains the property of another if there is a legal obligation to return it, refusing to retun it amounts to intetnion to permenantly deprive

Question 19

Mens rea for theft

Answer 19

dishonesty
intention to deprive

Question 20

Dishonesty

mens rea theft

Answer 20

For the mens rea of the offence, it has to be done dishonestly
That doesn’t mean the motivation – the D doesn’t have to have gained anything to still be liable
E.g taken and destroyed someone’s bag/throws it away

Question 21

exceptions to dishonesty

Answer 21

Theft Act 1968 s2 – gives 3 exceptions where it isn’t dishonest
1) Has in law the right to deprive the other of it
2) He would have the others consent if the other knew
3)The person to whom the property belongs cannot be discovered by taking reasonable steps

Question 22

dishonesty - willing to pay

Answer 22

D takes property and may say he is willing to pay or leaves money to pay for the property
D may still be dishonest and therefore liable for theft

Question 23

The ghosh test 1982

Answer 23

Two part test to define ‘dishonestly’ -
1) Was the action dishonest according to the ordinary standards of reasonable and honest people? (objective)
2) Did the D realise that what he was doing was dishonest by those standards? (subjective)

Question 24

Ghosh 1982

Answer 24

C of A set out dishonest
Locum doctor claiming fees for operations he hadn’t carried out.
He said he wasn’t dishonest as he was owed the money anyway for consultation fees.
C of A set out an objective and subjective element

Question 25

Civil law test for dishonesty

Answer 25

preffered by the supreme court over ghosh
1) decide what the individual knew about what they were doing and what the surrounding cricusmtances were and then,
2) decide whether the ordinary decent member of society would say wat wasdone was dishonest, and if so the behaviour doesnt become dishonest simply because the D has different or lower standards

Question 26

Intention to permenantly deprive

mens rea (theft)

Answer 26

not specificially defned, widely interpretated
under s6(2) - there is intention to permenantly eprive if teh owner of the thing even if it is returned but some of its value was dimisnished, such as -
* sellling a persons property back to them
* using teh charge from the V’s battery/eatig their food
* retruning a concert/gig/ticket after its been used

D destroys property this also = intention to permanently deprive
This is classed as theft and criminal damage.

Question 27

DPP V Lavender 1994

Answer 27

D took doors from a council property and used them to replace doors in his girlfriends council flat. The doors were still in possession by the Council but had been transferred without permission from one council property to another.
Held that by transferring the doors his was treating them as his own regardless of the rights of the council. So still liable

Question 28

Lawrence 1971

Answer 28

Italian student who spoken little English took a taxi.
It should have cost 50p. The student offered him £1 and when the D said it wasn’t enough the student opened his wallet and allowed D to help himself.
Lawrence that the money hadn’t been appropriated because of the consent.
This was reject and held to still be appropriation.

Question 29

borrowing or lending

Answer 29

S6 – Borrowing is not theft unless it is for a period and in circumstances making it equivalent to an outright taking or disposal

However after AG no1 and no2 1979 it was decided that if D had conditional intent (ie he intended on stealing it if there was anything worth stealing) then the D could be charged with attempting to steal

Question 30

Easom 1971

borrowing or lending

Answer 30

D picked up a handbag at the cinema, rummaged through it and replaced it without having taken anything.
CA quashed his conviction for theft holding that even though he may have a conditional intention to deprive it wasn’t enough because he hasn’t actually deprived the owner of anything.

Question 31

Intention to treat things as his own

Answer 31

If the D treats things as his own to dispose of regardless of the other’s rights then the D has the intention to permanently deprive.

Question 32

Robbery

Answer 32

s(8) of the theft act
“A person is Guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person, or seeks to put any person in fear of being then and there subject to the force.”

Question 33

actus reus of robbery

Answer 33

Theft – there has to be a completed theft – no theft = no robbery!

Force or putting or seeking to put any person in fear of force – immediately before or at the time of theft in order to steal

Question 34

compelte theft

robbery

Answer 34

here has to be a completed theft for robbery to have been committed
All elements of theft have to be proved first – if one is missing there is no theft and therefore no robbery

Question 35

Force

robbery

Answer 35

1. There must be force or threat of force
2. Force has to be used immediately before or at the time of stealing
3. The force must be used in order to steal – if it is not used for this purpose then it won’t be robbery

Question 36

Mens rea for robbery

Answer 36

Prove that the D has the mens rea for theft itself
Intended to use force to steal

Question 37

Vinall 2011

Answer 37

Force has to be used immediately before or at the time of stealing

D’s punched V causing him to fall off his bike
D said, “don’t try anything stupi I’ve got a knife”
V fled on foot and D gave chase but then went back got the bike and walked off with it
However they abandoned the bike up the road
On appeal held not to be robbery – as it was an unsafe conviction in that the force used couldn’t necessarily be linked to the intention of theft

Question 38

Dawson and James 1976

Answer 38

There must be force or threat of force
The amount of force can be small
D pushed the V who lost his balance, allowing another D to take his wallet. Guilty of robbery