Property offences Flashcards
Theft - actus reus (3 elements)
(1) Appropriating (2) property (3) belonging to another
Theft - mens rea (2 elements)
(1) Dishonesty (2) The intention to permanently deprive the person of their property
Robbery - actus reus
A theft involving the use of force, which is:
(1) Immediately before or during the theft, and
(2) In order to commit the theft
Robbery - mens rea
The mens rea for theft is established, + the intention to use force
Theft - full definition (5 elements)
(1) Dishonestly (2) appropriating (3) property (4) belonging to another, (5) with the intention of permanently depriving that other of it
“Appropriating” means…
…any “assumption of the rights of an owner”
This includes taking it, borrowing it, selling it, destroying it, etc.
Case that shows selling someone’s else’s belongings is an “appropriation”
R v Pitham and Hehl (1977)
D put V’s furniture up for sale. This is “appropriating” it as it is assuming the rights of an owner, even if D never touched the furniture
Case that shows that “appropriation” can include taking something someone has given you with their consent
Lawrence v Met Police (1972)
Taxi driver picks up an Italian student who speaks little English. The journey costs 50p. He asks student to open his wallet and he’ll take the fare, but takes £6. This is an “appropriation”, even if the student allowed this
What things do NOT count as “property” for the purposes of theft?
- Land
- Wild growing plants (if not planted by farmers, and if not picked for commercial use)
- Information alone
Case that shows that you can’t commit “theft” of information alone
Oxford v Moss
A student steals the test paper for an exam, learns the question, then gives the paper back - knowledge of the questions is not “property” under the Theft Act
Case where a guy stole his own car
R v Turner (1971)
His car was in a garage and the garage were entitled to hold it while he hadn’t paid them for repairs - so it was “belonging to another” in that sense
Case that shows you can steal money if it’s given to you for a particular purpose, and you use it for something else
Davidge v Bunnett (1984)
A woman is given money by her flatmates to pay bills - she uses it to buy Christmas presents. This counts as property belonging to another
Three situations that don’t count as “dishonesty” in theft
(1) You honestly beleive you have a right to the property
(2) You honestly believe the owner would have consented
(3) You can’t discover who owns the property by taking reasonable steps
