Property Offences Flashcards
What’s the definition of theft ?
When a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. ( Theft Act 1968 s1)
What’s the AR of theft? (s3)
“Appropriation” (s3) - the act of taking something.
Why does appropriation have a wide meaning?
For appropriation, the thief must assume (take over) at least one of the owners rights, these rights can include selling or destroying the property, using it, consuming it or hiring it out. S3 “ any assumption by a person of the rights of the owner”
What happened in R v Vinall?
The D picked up a man’s bike and left it at a bus shelter. The Court of Appeal stated in respect to appropriation, that taking the bike and abandoning it assumes the rights of the owner.
What happened in R v Pitham?
The D “sold” furniture belonging to another person in that persons house. This was held to be appropriation. The offer to sell was an assumption of the rights of the owner and this is where the appropriation took place. It doesn’t matter if the furniture was removed from the house or not, D still appropriated it.
What does the Theft Act 1968 not specify ?
That appropriation must be without the consent of the owner.
What happened in Lawrence v Commissioner for Met Police?
An Italian student got into a taxi which should’ve cost 50p, but offered £1 to the driver, Lawrence, but Lawrence said it wasn’t enough, so the student gave him another £6. The court stated that there was appropriation in this situation, regardless of whether the owner consented to it.
What happened in R v Gomez?
The D persuaded the manager to accept two cheques which he knew were worthless and stolen as payment for goods in the shop. The court stated that an act authorised by the owner of goods or consented by him or her could amount to the appropriation of goods within the Theft Act 1968. To have committed appropriation, the D doesn’t need to go against the owners apparent wishes.
How is “Property” defined in the Theft Act 1968 (s4)?
Property includes money, personal property (moveable items, clothing, cars), real property (land and buildings), things in action (bank accounts and cheques), and other intangible property (rights which have no physical presence but may be stolen such as electricity)
What cannot be stolen under the theft act?
Wild creatures (unless tamed or in possession of another), fruits, mushrooms, (unless used for commercial reasons) and land
What happened in Oxford v Moss?
A university student stole a digital copy of an exam paper he was due to sit. D didn’t intend to permanently deprive Oxford of the paper. He was found not guilty of theft of confidential information.
How is “Belonging to another” (s5) defined in the Theft Act?
It means property “belonging to any person having possession or control of it, or having it in any proprietary right or interest”
What does “possession or control” cover?
Covers situations where the appropriation isn’t from the owner, but from someone who has the owner’s permission to have the property in their possession
What happened in R v Turner?
D left his car for repair at a garage, but he took the car without paying. An owner can steal his or her own property if it’s in possession to someone else and be guilty of theft. The Court of Appeal upheld his conviction.
What happened in R v Woodman?
Site owners had arranged for scrap metal on the site to be removed. Unknown to them, a small amount was left and stolen by the D. He was convicted even though the company was unaware there was any scrap left. Shows someone can be in possession or in control of property if they don’t know it’s there.
Where can the D be guilty of theft? - “proprietary interest”
D can still be guilty of stealing their own property if another person has proprietary interest in it.
What happened in R v Webster? (Proprietary interest)
An army sergeant was sent 2 medals by mistake, and he sold it on eBay. The Ministry of Defence had an equitable interest, in other words a proprietary interest in the medal, so D was guilty of theft.
When can a D be guilty of theft? Give examples
S5 makes it clear that D can be guilty of theft even if the property doesn’t “belong to another”. These are property received under obligation or received by another’s mistake.
What happened in Davidge v Bunnett ? (property received under an obligation)
D was given money by her flatmates to pay the gas bill, but bought Christmas presents instead. There was a clear obligation to deal with the property in a particular way, so D was guilty of theft.
What happened in Attorney Generals Reference? (property received by mistake)
An overpayment was made by D’s employer into her bank account, she didn’t return the money. She was convicted of theft of property (a thing in action) as she was under an obligation to return it.
What does s2.1 of Theft Act say about s2 of dishonesty?
Section 2.1 says that a person’s appropriation isn’t dishonest if they believe that:
A) they have the legal right to deprive the other of it - a subjective test.
B) the owner would consent to them taking it if they knew the circumstances.
C) the owner cannot be found by taking reasonable steps.
What does all of s2.1 depend on?
Depends on the D’s belief. It doesn’t matter if this belief is correct or even reasonable.
Where does test for dishonesty come from?
R v Ghosh - The Court of Appeal decided the test for dishonesty has both a subjective and objective element.
Objective: was it dishonest based on the ordinary standards of reasonable and honest people?
Subjective: did the D realise what he or she was doing was dishonest by those standards?
What happened in Ivy v Genting casinos?
The Supreme Court established a preferred definition of dishonesty.
1. Decide what the individual knew about what they were doing and the circumstances.
1. Decide if the ordinary decent member of society would say it was dishonest , simply if the D has different or lower standards
