law cases (theft) Flashcards
Lloyd (1985)
cinema projectionist took films copied and returned them – not Theft!
Velumyl (1989)
took money from his company safe and lent it to a friend over 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!
Lavender (1994)
D swapped internal doors from one council house to another.
D was 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.
DPP v Jones (2002)
D took and broke headphones, then gave them back. Here it was held there was intention to permanently deprive.
Point of Law – no need for there to be benefit to thief. Also it is deprivation of utility
Small (1987)
D noticed a very old scruffy car parked in the road with keys in it. Parts were missing and no petrol in it. D thought it had been abandoned and therefore he got it going and drove it off, believing he had a legal right to take it, even though the owner could have been found through the reg no (hence not 2(1)c).
Held: not guilty of theft.
POL S2(1)a – is a subjective test i.e. it doesn’t have to be objectively reasonable!
Davidge and Bunnett (1984)
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.
DPP v Huskinson
only liable if there is a legal not a simply a moral obligation. Here he asked for his housing benefit to be paid directly to the landlord, instead he was sent a cheque, some of which was used to pay rent – some was spent – not guilty of Theft.
s.5(3) Theft Act
where a person is given something under an obligation to deal with it in a certain way they will be guilty of Theft if they do not do this.
S.5(1)
Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest
Clearly possession and control are less than ownership.
4(4)
catching wild animals is not theft although if someone else catches a wild animal this can be stolen as can a pet or a zoo animal.
Oxford v Moss
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.
4(2) A person cannot steal land or things forming part of land and severed from it by him or by his directions unless:
4(2)a) 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.
4(2)b) things on the land that the owner has not allowed the thief to possess e.g. soil, rocks, buildings, part of buildings and crops.
4(2)c) any ‘fixtures’ removed by a tenant.
S.4(1) Property
includes money and all other property, real or personal including things in action and other intangible property.
i.e. everything you can own!
