Property Offence- Theft Flashcards
Theft
What is Theft?
Theft is defined as as dishonestly appropriating property belonging to another and the intetion to permanently deprive them of it.
Actus Reus for Theft
The AR for theft is approproation, property and belonging to another.
Firstly, appropriation (S.3) means assuming the rights of the owner. This can be done by taking, lending, borrowing, selling, consuming etc. Appropriation can aslo occur when there is concent but obtained through decpetion as seen in Lawrence. Switching the lables in the shop is also seen as appropration as seen in Morris.
Next, property (S.4) can be tangible or intingible. Tangible propert is real property that you can physically touch e.g mobile phone. Intagible property cannon be physically touched and are thins in action such as trademark. Wil plants, vetabbles and animals are not property unless they are taken for a reward, or sale or are held captive. Oxford V Morris held that information on an exam paper is not property.
The final element of the AR is belonign to another under S.5 of the act this means that the propery is taken from a person who has ownership, posession, control or even proprietary intrest in it. In R v Turner, the D had ownership if the vehicle but the garage had control and posession over it when he took the car without paying for the service, theefore was charged with theft. Property can also be recieved under an obligation, ths the obligation must be fulfilled as seen in Davidge V Bunnet. Property can be recieved by mistake, S.5(4) creates a legal obligation to make restoration, this was seen in AG REF NO.1 1983 where the D’s employer overpaid her wages.
Mens Rea for Theft
The MR for theft is dishonesty and intention to permanently deprive.
Firstly, the D must be dishonest (S.2), however they will not considered as being dishonest if one of the exceptions under S.2(1) apply, these are that the D had honest belief that a) they had a legal right to the property, b) the owner would consent, or c) the owner cannot be found.
If none of the exceptions apply, we will use the 2 stage test from Booth to determine if the D has been dishonest. Firstly, we need to determine what the D’s actual knowledge and belief was at the time of stealing and secondly, would the ordinary and reasonable man consider the D’s actions as being dishonest. In R v Small, the D took an abandoned car that was left on the road for a week, this was not theft as he genuinely believed that the owner could not be found.
So we must use the Booth test to determine dishonesty. The D’s actual knowledge and belief at the time of the stealing was ………………………………………………………………. and this would/would not be considered as being dishonest by the ordinary and reasonable man because
Finally, the D must have the intention to permanently deprive the V of their property (S.6 of the act). This means to treat the property as their own to dispose of. In Velumyl, the D intended to permanently deprive the company of the money he took as he could not replace the exact notes. Lloyd held that borrowing property until the goodness, virtue and practical value has gone amounts to theft.
