Offences against a property- Theft Flashcards
What act is Theft under?
Section 1 Theft Act 1968
Definition of Theft
To dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.
Actus Reus elements of Theft
Appropriation
Property
Belonging to another
What does appropriation mean?
Assumption of the rights of an owner
Appropriation can be label swapping case
Morris
Appropriation can happen with consent accompanied by deception case
Lawrence
Appropriation can happen with consent without any deception case
Hinks
Appropriation can be a continuing act case
Atakpu and Abrahams
Definition of property
All objects, intangible items and even body parts.
What can be stolen case
Kelly
what cannot be stolen?
Wild plants
Wild animals
Electricity
Confidential property
What can’t be stolen case
Moss
Definition of belonging to another
Possession or control or having proprietary rights of interest
proprietary rights
if someone else has right to property
Turner
Own possession
Woodman
Can be in possession even if you don’t know you have it
Webster
proprietary interest
phillips
Abandoned or lost property
Obligation to use cases
Bunnett
AG reference 1985
What are the two elements of mens rea?
dishonesty
intention to permanently deprive
Dishonesty definition
No statutory
Three situations where D Would not be considered dishonest
1(a)
Genuine belief
Genuine belief
Appropriates property and has a genuine belief he or another person has legal right to it.
Genuine belief case
Holden
1(b)
consent
Consent
Appropriates property believing owner would have given consent
(c)
D believed the owner genuinely couldn’t be found
Does not require a necessary reasonable belief case
small
Test for dishonesty originally
Ghoul
Why was the test for dishonesty changed
Not an accurate representation of the law
Ivey test
- state of knowledge or belief as to the facts?
- standards of ordinary decent people?
What criminal case confirmed the ivey test
Barton and Booth
Permanently deprive definition
To dispose of regardless of owners rights
Moved doors without permission and they belonged to council
Lavender
Even if going to replace still permanently depriving
Velumyl
Where property is borrowed for only a period of time
Llyold
Conditional intent is not enough
Easom
