Property Offences Flashcards
Definition of Theft
Theft
‘A person is guilty of theft is he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and ‘‘theif’’ and ‘‘steal’’ shall be constructed accordingly’
Elements of the Theft Act s1 1968
s2 – Dishonestly – mens rea
s3 – Appropriates – actus reus
s4 – Property – actus reus
s5 – Belonging to Another – actus reus
s6 – With the intention of permanently depriving the other of it – mens rea
s3 Appropriation
Theft
- Any assumption by a person of the rights of an owner amounts to appropriation
- E.g. D hires DVD but later doesn’t reutrn
s4 Property
Theft
- Includes:
1) Money
2) Real property, e.g. land, building etc
3) Personal property, e.g. books, aeroplanes etc
4) Things in action, e.g. bank account, trade marks etc
5) Other intangible property, e.g. a patent
s4 Property - Things Which Cannot be Stolen
Theft
- s4(3) Mushrooms, fruit and plants growing in the wild, unless its for profit
- s4(4) Wild creatures
- Electricity (is a seperate offence)
s5 Belonging to Another
Theft
- Property is regarded as belonging to any person having possesion or control of it, or having any proprietary interest in it
- E.g. Someone who hires a car has control and posession of it but does not own it
s2 Dishonesty
Theft
- Offence has to be done dishonestly
- D doesn’t have to have gained anything to be liable
3 Exceptions where Theft isn’t dishonest
Theft
1) Has, in law, the right to deprive the other of it
2) He would have the others consesnt if the other knew
3) The person who the proeprty belogs to cant be seen taking reasonable steps
What is the Ghosh test for Dishonesty
Theft
1) Was what D did dishonest according to to the ordinary standards of reaosnable and honest people?
2) Did the D realise that what they did was dishonest by those standards?
s6 Intention to Permenantley Deprive
Theft
- Intention is found if the person treats the thing as their own to dispose of regardless of the other’s rights
- A borrowing or lending may amount to an intention to permanently deprive if it for a period of time and in the circumstances equivelant to an outright taking or disposal
Lavender v DPP (1994)
Theft
D removed doors of coucil flat to put in gf’s house
D intened to treat doors as his own regardless of council’s rights
R v Lawrence (1972)
Theft
D took £7 instead of £1 taxi fee from Italian Tourist.
Absence of belief that owner consented to the appropriation so dishonest
R v Morris (1983)
Theft
D swapped price labels in shop.
Trying to pay lower price = appropriation, interefere with owners rights
Turner (1971)
Theft
D’s car in garage. Agreed to pay when he collected car. D took spare key and took car without payment
Convicted of stealing own car as garage had possession and control at time
Define Robbery
Robbery
‘A person is guilty of robbery if he steals, and immediatley before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force’
What part of the Theft Act is Robbery?
Robbery
s8 Theft Act 1968
Actus Reus of Robbery
Robbery
- Theft = there must be completed theft. No theft means no robbery
- Force = D must apply or threaten to apply force to V
- In order to do so = Use or threat of force must be in order to steal
- Immediatley before or at the time of doing so = force or threat must be before or at time of theft for it to be a robbery
Mens Rea for Robbery
Robbery
- Must prove mens rea for theft
- Must prove there was intended use of force to steal
R v Dawson and James (1976)
Robbery
D pushed V so V lost balance. D2 then stole V’s wallet
D’s guilty as force applied
R v Lockely (1995)
Robbery
D was challenged leaving a shop after he took cans of beer. D pushed shopkeeper and ran off
Theft seen as continuing act even though force was seperate to stealing
Define Attempted Crime
Attempts
‘If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence’
Actus Reus of Attempt
Attempts
- A positive act, not an omission
- An act that is ‘more than merely preparatory’ is not an attempt, but could be another offence such as conspiracy, going equipped etc
R v Jones (1990)
Attempts
D got into V’s car and pointed a shotgun at him
MTMP - All he had to do was pull trigger to commit full crime
R v Jones (1990)
Attempts
D got into V’s car and pointed a shotgun at him
MTMP - All he had to do was pull trigger to commit full crime (murder)
