PAPER 1 THEFT Flashcards
What does S.1 of the theft act 1968 state?
A person is guilty of theft if they “dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.”
S.3 TA 68 deals with the meaning of what?
Appropriate
According to S.3(1) what is said?
“A person appropriates property the moment they assumes any of the rights of the true owner”
What is examples of an owners rights?
Selling, possessing, consuming or lending
An appropriation can occur despite what?
The consent of the owner (Hinks)
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What does S.4(1) TA 68 define property as?
‘Money and all other property, real and personal, including things in action and other intangible property’
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Only if relevant - what are the three conditions for which land can be stolen?
Someone dealing with the land in a special capacity
Where a person who isn’t in possession of land severs something from it
Or where a person in possession of land as a tenant appropriates a structure or fixture let with the land
Only if relevant - what happens if something is growing wild?
It would be theft to take the whole plant or any for commercial purposes
Only if relevant - when is it not theft to take live or dead wild animals
If they have been taken into possession by someone else.
Only if relevant — can information be stolen?
No (Oxford V Moss)
APPLY
According to S.5(1) Theft Act 1968 what is said?
Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest
S.5(1) is wide enough to cover what?
Theft of your own property (Turner)
Apply
Only if relevant - property will also be regarded as belonging to another under what?
A trust where the property belongs to the beneficiaries.
Only if relevant - What is an obligation to deal?
When property is recieved from another under an obligation to retain and deal with it in a particular way.
Only if relevant - if property is recieved as a result of a mistake what is there a legal obligation to do?
Make restoration.
Only if relevant - if property is lost what happens?
It remains property belonging to another
Only if relevant - where a person abandons property what happens?
The property is not belonging to another as the rights of ownership have been relinquished
Only if relevant - what happens with property donated to charity?
It’s not abandoned, the items remain property of the donor until it is taken into possession by the charity, when in the charities possession it is their property.
APPLICATION
how must D appropriate the property?
Dishonestly (S.2)
What rejected the Ghost test for dishonesty?
Ivey v Genting Casinos
What are the two questions of the dishonesty Ivey v Genting Casinos test?
- What was the actual state of the individual’s knowledge or belief as to the facts? This most he genuinely held doesn’t have to be reasonable.
- Was conduct dishonest determined by applying the objective standards of ordinary decent people.
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Relevant issues - when is appropriation not regarded as dishonest if he appropriates the property in the genuine belief that what?
He has, in law, the right to deprive the other of it, on behalf of himself or of a third person.
IF RELEVANT — it’s also not dishonest if he takes the property believing the other would consent?
Yes
IF RELEVANT Also not dishonest if the person whom the property belongs to cannot be what?
Discovered by taking reasonable steps
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What is the second part of the MR?
Intention of permanently depriving the other of the property (S.6)
Explain S.6 in slightly more detail
D intends to treat the property as his own to dispose of regardless of the real owner’s rights.
What kind of intent is not enough?
Conditional intent (Easom)
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