intro to property offences, theft

Question 1

Property offences

Answer 1

 Mainly focused on criminalizing the act of taking someone else’s property, the possession of stolen property as well as the acts of damaging property
 As well as physical objects, this area of law also encompasses objects less tangible – intellectual property or online objects

Question 2

Physical property offences

Answer 2

• Theft: D dishonestly appropriates V’s property
• Robbery: D uses force to steal V’s property
• Burglary: D trespasses onto V’s property, committing one of a number of offences
• Handling stolen goods: D deals in specified ways with V’s property, which has been stolen
• Blackmail: D threatens V to get their property
• Criminal Damage: D damages V’s property

Question 3

Theft act 1968

Answer 3

 S1(1) Theft Act:
“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 4

theft act 1968 s’s

Answer 4

Appropriation s3 TA 1968
Of property (s4)
Dishonesty (S2)
Belonging to another (S5)
Intention to Permanently Deprive (S6)

Question 5

Appropriation

Answer 5

S3 Theft Act 1968:
“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 without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.”

Question 6

what does appropriation mean?

Answer 6

 There are 3 central points which have developed, through extended discussion:

1) Assuming the rights of the owner
2) Was there consent?
3) Appropiation with a civil title

Question 7

Assuming the rights of an owner

Answer 7

• Assuming the rights of an owner will amount to appropriation – this is where D takes V property and then treats it as their own
• What about if D sells it, but does not physically interfere?
• Rights of an owner is multi faceted – not singular

Question 8

Morris [1984]

Answer 8

• D switched labels on some goods at a supermarket in order to purchase expensive goods at a more acceptable price
• Charged with Theft
• When swapping the labels, D assumed a right of the owner (to be able to price goods) and this was enough to amount to appropriation

Question 9

Appropriation as a continual event

Answer 9

• There are multiple stages within a potentially criminal event to consider here
• Even with a single D, there may be multiple acts of appropriation
• If D takes an item from V, intending to return it later – appropriating physical control – and then decides to keep it – appropriating further rights of legal ownership

Question 10

Appropriation with consent

Answer 10

• What about if the victim consents in some way?
• Gomez [1993]: D was assistant manager of an electric goods shop, who convinced manager to allow a customer to buy items using cheques that D knew were stolen and therefore worthless
• The D was liable, and the HoL confirmed that V’s consent is irrelevant – D appropriated where he tricked the V and claimed ownership rights

Question 11

What did Gomez confirm?

Answer 11

• As long as D assumes a right of ownership over the V’s property, there will be an appropriation
• It is irrelevant whether consented to or not

Question 12

Appropriation with full civil title

Answer 12

• We know that D can appropriate V’s property regardless of V’s consent
• What if there was no deception?
• What if it was correct in a civil manner and not in criminal?

Question 13

Hinks [2000]

Answer 13

• D befriended a man who was described as naïve, trusting and of limited intelligence
• Ove 6 months she took the V to his building society and was given the maximum withdrawal – totalling £60,000 eventually
• Charged with theft – despite the fact that in civil law it was legal, it can still be an appropriation and a theft

Question 14

Property

Answer 14

• To be able to commit a theft, whatever D appropriated must be legally recognised as property
• S4 TA 1968 defined property as ‘including money and all other property, real or personal , including things in action and other intangible property

Question 15

Real property

Answer 15

• reference to Land, you can be guilty for the theft of certain land rights

Question 16

Personal property

Answer 16

• all property which is not land, includes property which is illegal or prohibited

Question 17

Things in action

Answer 17

• refers to intangible property – typically money within a bank

Question 18

Exceptions

Answer 18

Wild mushrooms & flowers – S4(3): Taking flowers, fruit or foliage is not theft, although taking or digging up a whole plant may be.
Also dependant on intended use – if for own purposes, then not theft, if for commercial purposes then could be
Entirely dependant on intention

Question 19

Wild creatures

Answer 19

• S4(4) TA 1968: Wild creatures are regarded as property, and unless it is in captivity cannot be stolen
• There may be issues regarding poaching, but not necessarily theft

Question 20

electricity

Answer 20

not property for the circumstances of Theft, but wasting or diverting electricity is an0ther offence under S13

Question 21

Confidential Info

Answer 21

information is not sufficient to be property under the TA, but there may be issues of trade secrets

Question 22

Services:

Answer 22

a failure to pay for services likely won’t amount to theft, but an offence under S11 TA

Question 23

Bodies:

Answer 23

traditionally were not classed as property, but those that are controlled (such as samples) are likely to amount to a theft

Question 24

Belonging to another

Answer 24

• A big element of Theft is that it is designed to protect the ownership rights of other peoples property
• Therefore you need to ensure that the property belonged to another at the point of appropriation

Question 25

S5 TA 1968

Answer 25

• “Property shall be regarded as belonging to any person having possession or control of it, or having in it an propriety right or interest”

Question 26

Possession or control

Answer 26

• D gets possession or control when they intend to possess or control and maintains some degree or control
• Rostrom [2003]: D and others trespassed onto a golf course, with diving apparatus to take lost golf balls.
• Held: that the balls belonged to the golf course and even though the owners didn’t intend to retrieve the balls, they maintained possession and control

Question 27

What if someone else is in control of your property?

Answer 27

• Turner [1971]: D having car repaired at garage, on collection he used a spare set of keys in order to take car without paying the bill. Charged with theft of own car.
• The garage had possession and control, although D was legal owner – the car at that time, belonged to the garage

Question 28

Intention to permanently deprive

Answer 28

• When the D stole something, they did so with the intent to permanently deprive the other one of it
• This does not need to be for the D’s benefit – it can be stolen for the use of someone else
• There is no need for D to actually permanently deprive V of it – just to intend that that is what they would do with the object

Question 29

What about..

Answer 29

• If D intends to ransom or sell back to V: technically not permanent deprivation, but is held under S6 TA to be treating property as own
• D intends to replace with identical property?: Still theft, you’ve still deprived V of the original property – interesting view regarding money

Question 30

Velumyl [1989]

Answer 30

• D, an employee – took money from the company safe and intended to return it after the weekend
• Held to be guilty of Theft – did not intend to return the same notes and coins.
• Note: many of these cases fail on the dishonesty element and it is an odd principle for the court to state (considering cash can usually be swapped within Law)

Question 31

Dishonesty

Answer 31

• In order to satisfy Theft, this is a crucial element – the appropriation itself must be dishonest
• There are so many of the elements of theft which could be innocent – dishonesty narrows the offence to those are criminal
• However, there is no statutory definition but there are examples of when D is NOT dishonest

Question 32

S2(1)

Answer 32

A) 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 of a third person

b) If he appropriates the property in the belief that he would have the others consent if the other knew of the appropriation and the circumstances of it
c) If he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps

Question 33

S3(1)a

Answer 33

• Did the D believe they had a legal right to the property?
• It’s dependant on the D’s honest belief (not reasonable) that they had a right to the property
• Most likely to exist when D accidentally takes the property by accident

Question 34

S2(1)b

Answer 34

• Most likely to be considered with family and friends, when it is likely that they would approve of the circumstances
• If D honestly believed they would consented, then it would be enough

Question 35

S2(1)c

Answer 35

• To help those who discover seemingly abandoned property
• Again, a question of whether they feel that could not honestly find the person through reasonable steps
• It doesn’t mean impossible, but more than reasonably expected

Question 36

Common law definition of dishonesty

Answer 36

• In the absence of statutory definition, it has fallen to the courts to define
• Ivey v Genting Casino [2017]: 2 questions to ask;
• What was the actual state of D’s knowledge or belief to the facts?
• Was D’s conduct dishonest by the standards of ordinary decent people?

Question 37

Step 1

Answer 37

 What was the state of D’s knowledge or belief to the facts?
 Subjective test, focused on minds of D
 Not based on whether they feel as if they’ve been honest or not
 It is down to the certain knowledge they held towards their conduct

Question 38

step 2

Answer 38

 Was D’s conduct dishonest by the standards of ordinary decent people?
 Objective and focused on D’s conduct as against the standard for society and dishonesty
 This standard is down to common held beliefs of society, rather than anything more formal