Criminal 4: Theft

Question 1

Elements of theft

Answer 1

Dishonestly appropriating property belonging to another with intention to permanently deprive.

AR
- appropriation
- property
- belonging to another

MR
- dishonesty
- intention to permanently deprive

Question 2

What might be considered under appropriation?

Answer 2

Assumption of any one of the rights of an owner including:
- selling,
- lending it out
- giving it away
- destroying it

Consent (can still apply)
- obtained by false representation
- gifts by praying on vulnerable/elderly

Question 3

What is coincidence rule in theft?

Answer 3

Generally all elements must exist at same time

EXCEPTION: later appropriation
- when the initial assumption of the rights of the owner does not amount to theft
- if later assumption of a right, either by keeping it or by dealing with it, will be an appropriation
- theft takes place when D forms the mens rea (subject to the remaining elements also being present)

Question 4

What is not considered property under theft act?

Answer 4

• Wild plants and animals
• Electricity
• Corpses and body parts except those which have been taken into another’s possession or control
• Confidential information
• Services (train journey)

Question 5

When might property belong/not belong to another?

Answer 5

1. Abandoned
   - rare
2. Own property
   - can steal if another party is in possession or contract (taking own car from garage without paying)
3. Property for Particular purpose
   - is stolen if used for another purpose

Question 6

What is the test for dishonesty in theft?

Answer 6

Given what D knew (subjective) was

D’s behaviour was dishonest by the objective standards of reasonable and honest people (objective)

Question 7

When is someone not dishonest?

Answer 7

If defendant believes:
- They have a right in law to the property
- They would have owners consent
- The owner could not be discovered by taking reasonable steps

Question 8

What is the test for intention to permanently deprive?

Answer 8

D’s intention at the time they take the item
- don’t intend to return it
- trying to sell it back to owner/claim refund
- rendering property useless
- risk loss (gambling with it or use as security)
- borrowing for period and circumstance making it equivalent to taking it

Question 9

Is defendant guilty if they intend to replace property with identical other property

Answer 9

May apply to cash
- yes still theft unless it is the EXACT same piece of property (same £5 note not other £5 note)