Criminal law — Theft

Question 1

What is the actus reus of theft?

Answer 1

s.3 Appropriation, s.4 Property, s.5 Belonging to another.

The approriation of property belonging to another

Question 2

What is appropriation?

Answer 2

Any assumption of the rights of an owner.

Question 3

Morris (1984)

Answer 3

D switched labels in a supermarket so as to show a lower price. He put it in a basket and paid a lower price.

POL: Switching labels is an assumption of the rights of an owner.

Question 4

Lawrence (1972)

Answer 4

A foreign student who spoke little english handed over wallet to taxi driver to pay for the fare. Driver took x20 the amount owed.

POL: Appropriation need not be without the consent of the owner.

Question 5

R v Atakpu and Abrahams

Answer 5

D’s obtained cars illegally in Germany and Belgium. They were arrested having driven them to the UK.

Held— not guilty as the appropriation had taken place outside the jurisdiction.

Question 6

What is the POL in Atakpu and Abrahams?

Answer 6

Appropriation occurs the first time the D assumes the rights of the owner. it is not a continuing act.
s.3(1) can apply when the D gets the property without stealing it but then deals with it as they owner later.

Question 7

Hinks (1998)

Answer 7

Vulnerable middle aged man was befriended by Hinks. Each day he withdrew £300 and put it in her account (until she had £60,000). HoL upheld theft conviction despite it appearing like a voluntary gift.

POL: Gifts can be appropriation

Question 8

s.4(1) Property includes what?

Answer 8

Money and all other property, real or personal including things in action and other intangible property.

Question 9

What does real property mean?

Answer 9

Land and buildings

Question 10

What is stated in s.4(2)?

Answer 10

A person cannot steal land or things forming part of land and severed from it by him or by his directions unless:

Question 11

s.4(2)a) How can land be stolen?

Answer 11

Where he has the ability to transfer ownership of land or rights that are not his to transfer. E.G. Where a trustee transfers land without express permission to do so.

Question 12

s.4(2)b) How can land be stolen?

Answer 12

Things on the land hat the owner has not allowed the thief to posses E.G. Soil, rocks, buildings, part of buildings and crops.

Question 13

s.4(2)c) How can land be stolen?

Answer 13

Any ‘fixtures’ removed by a tenant.

Question 14

What is a “thing in action”? s.4(1)

Answer 14

A right that can be enforced against another E.G. A bank account (which gives the owner the right to demand money from the bank) or a credit card account/cheque.

Question 15

What is “other intangible property”? s.4(1)

Answer 15

Electricity, intellectual property

Question 16

Oxford v Moss

Answer 16

A student “borrowed” an exam paper to find out what the forthcoming exam was on. He copied and returned the paper.

POL: Confidential information was not property.

Question 17

Marshall (1998)

Answer 17

D was reselling pre-used travel cards which he was given by members of the public who had finished using them.

POL: Residual value of an asset E.G. A prepaid car park ticket or travel card could be property. and therefore if reused would be theft.

Question 18

s.4(3) Things that can’t be stolen

Answer 18

Foraging for wild food is legal unless it is sold on.

Question 19

s.4(4) Things that can’t be stolen

Answer 19

Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into possession.

Catching animals is ok unless they belong to someone!

Question 20

s.5(1) Belonging to another

Answer 20

Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest.

Question 21

Webster (2006)

Answer 21

Duplicate property delivered to D by mistake could not bee kept, it remains the property of the sender as they have a “proprietary interest.”

Question 22

Turner (No.2) (1971)

Answer 22

D using a spare set of keys, removed his car from a garage at which it had been repaired so as to avoid paying. D was convicted of theft.

POL: A proprietary right or interest can be stolen. Less than ownership.

Question 23

Williams v Phillips (1957)

Answer 23

Rubbish in a bin belongs to the council.

Question 24

Woodman (1974)

Answer 24

D was convicted of stealing scrap metal in a disused factory.

Property may belong to another even if they (owner) don’t know they have it.

Question 25

s.5(3) Property received under obligation

Answer 25

Where a person is given something under an obligation to deal with it in a certain way they will bee guilty of Theft if they do not do this.

Question 26

Davidge and Bunnett (1984)

Answer 26

D gave flatmate money to pay the gas bill, D spent money on Xmas presents and left the flat without giving notice— this was theft.

Question 27

DPP v Huskinson

Answer 27

D asked for his housing benefit to be paid directly to the landlord, instead he was sent a cheque, some of which as used to
pay rent. Some was spent. Not guilty of theft.

Only liable if there is a legal not simply a moral obligation.

Question 28

Wain (1995)

Answer 28

Charity money collected was held on trust for the charity and therefore belonged to them. Using the money for his own purposes amounted to appropriation.

Question 29

s.5(4) Property received by mistake

Answer 29

IIf you are given something by mistake and have a legal obligation to give it back then keeping it could be Theft.

Question 30

AG ref no.1 1983

Answer 30

Policewoman received and overpayment of wages to her bank account. She realised but did not return it. This was theft of a thing in action.

Question 31

What is the men’s rea of Theft?

Answer 31

s.2 Dishonesty, s.6 Intention to permanently deprive

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

Question 32

s.2(1)a) When would a person not be deemed dishonest

Answer 32

If he appropriates the property in the belief that he has in law, the right to deprive the other of it, on behalf of himself or a third party.

Question 32

s.2(1)b) When would a person not be deemed dishonest

Answer 32

If he appropriates property in the belief that he would have the other’s consent if the other knew of the appropriations and the circumstances.

Question 33

s.2(1)c) When would a person not be deemed dishonest

Answer 33

If he appropriates property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

This applies to finding things. Finding $1 in the street if. fine but the more valuable the item the harder it is to argue that the owner couldn’t reasonably be found.

Question 34

What is stated in s.2(2)

Answer 34

A person can be dishonest even if he is willing to pay for the property

Question 35

Small (1987)

Answer 35

D noticed a very old scruffy car parked in the road with keys in it. Parts were missing and no patrol in it. D thought it had been abandoned and therefore he got it going and drove it ooff, believing he had a legal right to take it, even though the owner could have been found through the reg number.

Held— not guilty of theft.

POL: s.2(1)a) is a subjective test, it doesn’t have to be objectively reasonable.

Question 36

Ivey v Genting Casinos

Answer 36

The test for dishonesty.

1. What did D know of the circumstances and facts?
2. Assuming that (subjective) state of knowledge was the D’s actions dishonest by thee standards of ordinary decent members of society

Civil case but approved in criminal law by R v Barton and Booth (2020)

Question 37

Where is the intention to permanently deprive inferred from?

Answer 37

The circumstances.

Question 38

s.6(1) Aspect one

Answer 38

Disposing of property regardless of other’s rights

Question 39

DPP v Jones (2002)

Answer 39

D took and broke headphones, then gave them back. Here it was held there was intention to permanently deprive.

POL: No need for there to be benefit to theif. Deprivation of utility.

Question 40

s.6(1) Aspect 2

Answer 40

A borrowing or lending making it equivalent to outright taking or disposal.

Question 41

Lloyd (1985)

Answer 41

Cinema projectionist took films copied and returned them —not Theft!

He didn’t use up their goodness and virtue.

Question 42

Velumyl (1989)

Answer 42

Took money from his company safe and lent it to a. friend overt the weekend on the condition it was returned by Monday. A spot check was conducted before it could be returned.

Held— that at best he intended to return items of the same value but not the same items therefore this test was passed.

Question 43

Lavender (1994)

Answer 43

D swapped internal doors from one council house to another. Held to have the intention to permanently deprive and was convicted.

POL: borrowing and treating as his own regardless of another’s rights amounts to intention to permanently deprive.

Question 44

What is conditional intent?

Answer 44

When someone will have the intention to permanently deprive if there is something of value worth taking.

Question 45

R v Easom

Answer 45

D looked through a bag on the cinema floor.

POL: Not guilty as conditional intent is not enough. Nor is it enough for attempted theft.