Property Offences Flashcards
re: theft
what type of offence is this?
either-way
re: theft
what is the max sentence?
7 years in prison
re: theft
what is the AR?
appropriation of property belonging to another
re: theft
what is ‘appropriation’?
“Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.”
In other words, any act that shows one person is treating the property as their own.
this is widely interpreted so easy for P to satisfy
re: theft
what has case law said about ‘appropriation’?
that whilst someone can appropriate the same property over and over, they only commit the act of theft once
re: theft
give some examples of ‘appropriations’
o Kathryn sells a book
o Laura eats a meal in a cafe
o Mo selects a birthday card from the local shop
o Narina grabs a £10 note from her classmate
o Otis pickpockets a wallet.
o Switching a price label on a piece of meat
o Property passing with consent of the owner but the shop manager hands over goods on receipt of a fraudulent cheque
o Receipt of a gift
These are appropriations because they are acts the owner is entitled to carry out. However, just because someone has appropriated property doesn’t mean they are guilty of theft, they must satisfy the other elements
re: theft
what is ‘property’?
“Money and all other property, real or personal, including things in action and other intangible property”
re: theft
what is a ‘thing in action’?
also called ‘chose in action’. This is the bundle of personal rights over property which can only be claimed or enforced by action, and not by taking physical possession i.e. money in a bank account, rights to a trust
re: theft
give an example of intangible property
a patent for a new drug, a thing in action is also intangible property
re: theft
when can land be stolen?
Land can only be stolen in limited circumstances:
o By a trustee in breach of trust
o By a person who is not in possession of the land if they appropriate anything forming part of the land by severing it or after it has been severed
o By a tenant who takes something fixed to the land that they are not supposed to
re: theft
give an example of theft of the land
- Jan leans over the fence and cuts down a tree. She may be guilty of theft as she has severed this from the land (she has severed it from the land)
- Jan takes a carrot from an allotment which is not hers (it has been severed from the land)
re: theft
what cannot be stolen?
- Electricity
- Confidential information
- Mushrooms, flowers, fruit or foliage growing on wild land (exceptions)
- Wild creatures (exceptions)
re: theft
give an example related to the theft of confidential information
a student read the exam questions ahead of the exam. He therefore wasn’t liable for theft. If he had removed the sheet of paper they were written on, he would have been.
re: theft
what is the exception to the position re ‘mushrooms, flowers, foliage, fruit’?
- Mushrooms, flowers, fruit or foliage growing on wild land cannot be stolen unless they intend to sell them
re: theft
what is the exception to wild creatures?
o If a wild animal has been tamed or kept in captivity, it can then be stolen
o If a wild animal has been reduced into possession i.e. someone snared a rabbit and someone else takes it
re: theft
what is the definition of ‘belonging to another’?
“Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest”
- this does not require the person to ‘lawfully’ have possession. This means if D has appropriated stolen property from someone else, they would still be liable for theft.
re: theft
what is the effect of ‘belonging to another’? give examples
- a person can steal property from themselves i.e. Tom’s car is in the garage and he takes it back without paying. The garage was in possession of the car, so Tom has stolen it from them.
- theft can be committed against someone who doesn’t own the property, but is just in possession of it i.e. Tom is holding Sam’s phone. Jan takes the phone. She has committed theft against Tom (in possession) and Sam (proprietary interest)
re: theft
what is the position regarding abandoned property?
If property has been genuinely abandoned, D cannot be guilty of theft. However, the courts are reluctant to treat property as abandoned
re: theft
give examples of theft in relation to abandoned property
- A jumper donation is left on the door stop of a charity. Taking a jumper is theft. It was held the owner hadn’t abandoned it as they intended to give it to charity.
- a man scuba dives and collects golf balls. Held to be theft as although the golfers abandoned them, they were still owned by the golf club.
- taking out of date food from supermarket.
re: theft
when can ‘belonging’ to another cause an issue? why is this the case?
The property must belong to another at the time of appropriation.
In most cases this will not be an issue. However, it may arise where the legal ownership of the property has passed before payment is required i.e. someone consumes a meal in a restaurant and leaves without paying the bill or refuels a car and drives off without making payment.
Ownership of food transfers once it becomes part of the body. Ownership of petrol transfers when it mixes with existing petrol in the tank.
Therefore, if someone doesn’t satisfy the MR until after they have transferred the property, the AR and MR will not coincide and there can be no theft.
re: theft
give an example in relation to petrol and when this will not amount to theft
Tom goes to the garage to put petrol in his car (the petrol belongs to the garage). He has intention to pay for it (no MR - no dishonesty).
Tom puts the petrol in his car (AR). It has now mixed with his petrol (ownership has transferred to Tom. The petrol no longer ‘belongs to another’).
Tom realises afterwards he doesn’t have the means to pay. He drives off (MR for theft).
However, the AR and MR do no coincide. When Tom had the requisite MR, the property belonged to him and not another, he could not commit theft.
re: theft
give an example in relation to petrol and when this will amount to theft
Tom goes to the garage to put petrol in his car (the petrol belongs to the garage). He has no intention to pay for it (MR).
Tom puts the petrol in his car (AR). Tom intended to dishonestly and permanently deprive the garage (MR), at the time he committed the AR. Therefore, he is liable for theft.
In these cases, P will need to prove that D had the MR at the time of the offence.
re: theft
in relation to ‘belonging to another’, will there be a theft if V has given them the property?
give an example
subject to the other elements being satisfied, if D has received property from another and is under an obligation to deal with the property in a certain way, the property will be regarded as belonging to another (i.e. the original owner)
i.e. money is paid to someone on the basis they will pay it to a charity.
The recipient must be under an obligation to deal with the money in a certain way. Obligation is the key.
re: theft
what is the MR?
dishonesty with an intention to permanently deprive
re: theft
what approach should be taken to establish dishonesty?
1) Is there clear dishonesty?
a. Yes this issue is settled.
b. No look at the guidance in s2 TA 1986.
2) S2 TA 1985 do the facts fit one of the examples given in the act there are not dishonest or may be dishonest?
a. Yes issue is settled.
b. No consider Ivey v Genting test.
3) Ivey test what was D’s actual knowledge or belief as to the facts (subjective), in light of this, was their conduct honest or dishonest by (objective) standards of ordinary, decent people?
