PROPERTY OFFENCES Flashcards
What are the three offences that are provide under the Theft Act 1968?
Theft, Burglary and Robbery.
What is Theft contrary to?
Theft is contrary to S.1 of the Theft Act 1968
What is the AR of Theft?
Appropriation, property, belonging to another.
Discuss appropriation.
●Appropriation is defined under S. 3(1) of the Theft Act 1968 as assuming the rights of the owner.
●Morris and Anderton provides that just assuming one right of the owner is enough for theft.
●Lawrence and Gomez provides that if the D is given consent, this consent becomes irrelevant as soon as he acts dishonestly.
●Hinks provides that accepting a gift that has been dishonestly induced is enough for appropriation.
●S. 3(1) of the Theft Act 1968 includes where a person has come by property (innocently or not) without stealing it but then assumes the rights to it by keeping it or dealing with it as the owner.
Discuss Property.
●Property is defined under S.4(1) of the Theft Act 1968 that property includes money, real property, personal property, things in action, intangible and tangible property.
●S.4(3) of the Theft Act 1968 provides that foliage, mushrooms or fruits that have been picked from the wild cannot be property unless they are being used for sale or commercial purposes.
●S.4(4) of the Theft Act 1968 provides that wild creatures cannot be property, unless they are being held in captivity.
●Oxford v Moss provides that information is not property but whatever that information is on might be property.
●Kelly provides that a corpse is not property however, body parts can be property if they acquire different attributes.
●Mashall provides that the value of tickets are capable of becoming property.
Discuss belonging to another.
●S.5(1) of the Theft Act 1968 provides that property is regarded as belonging to anyone having possession or control of it or proprietary right or interest over it.
●S.5(3) of the Theft Act 1968 provides that if a person receives property from or on account of another and is under the obligation to retain and deal with it in a particular way and they don’t the n that property is regarded as belonging to another. (Hall, Davidge and Bennett).
●S.5(2) of the Theft Act 1968 provides that if a person receives property in a trust then it must be used for that purpose, if it isn’t then it is property belonging to another. (Wain)
●S.5(4) of the Theft Act 1968 provides that where a person is given something by mistake and is under the legal obligation to give it back, keeping it is property belonging.(AG’s Ref no 1 1983, Webster)
●Abandoned property: Williams v Phillips, Woodman
●Owner can steal their own property as sen in Turner (No 2) and a person can be convicted of stealing stolen goods from a thief who had possession of the stolen goods. Although the original thief does not own the stolen goods, it’s in his possession.
What is the MR of Theft?
Dishonesty and Intention to permanently deprive the other of it.
Discuss dishonesty.
●Dishonesty was defined in Ghosh as
1. the D’s behaviour must be regarded as dishonest by the standards of a reasonable and honest people.
2. The D must be aware of this.
●It appears that it has now been replaced by the civil case of Ivey and now it is decided by deciding whether the decent member of society would consider what was done as dishonest and if so the D’s behaviour does not become honest just because he has different or lower standards.
What does S.2 of the Theft Act 1968 say about dishonest?
●It tells us about when the D is not dishonest.
●S.2(1)(a) of the Theft Act 1968 provides that if a person appropriates property in the honest belief that he has a right in law to deprive the other of it then he is not dishonest.
●S.2(1)(b) of the Theft Act 1968 provides that if a person has an honest belief that the owner of the goods would consent if he knew the circumstances.
●S.2(1)(b) of the Theft Act 1968 if a person has an honest belief that the owner of the property would not be found even if he took reasonable steps to find him.
Discuss the definition of intention to permanently deprive the other of it .
S. 6 of the Theft Act 1968 provides that the D does not have to mean for the V to permanently lose the property but have intention to treat the property as his own to dispose regardless of the other’s right and this includes disposal. borrowing or lending.
Discuss the principles of cases for disposal .
●Marshall provides that selling property is having intention to treating the property as his own to dispose.
●DPP vJ and others: destroying property and then returning it is an intention to treating the property as his own to dispose as the property is rendered useless.
●Lavender: swapping things is intention to treating property as his own and so he had an IPD.
●Raphael: taking D’s property and asking for payment for its return is an intention to treating property as his own to dispose.
Discuss the principles of cases for borrowing and lending.
●Lloyd: there is an IPD if the property is returned with its ‘goodness’, virtue and practical value gone, the D has intention to treat the property as his own.
●Velumyl: Even if you’re going to replace what you have taken with the same thing you till have intention to treat it as your own.
●Easom:D initially decided to keep valuables then put them back as realised will not worth much , D still has IPD as there is an initial intent to IPD.
What is robbery contrary to and what is the definition?
●Robbery is [provided under S.8 of the Theft Act 1968
●Robbery is theft plus force or threat of force in order to steal.
What is the AR of Robbery?
●Appropriation ●Property ●BTA Plus: ●Use of force or threat of force immediately before or at the time of stealing in order to steal
Discuss use of force.
● Dawson and James: force includes the slightest of touch and it can even be every day jostling if used in order to steal.
●Clouden: there does not need to be direct use of force on the victim, if it is done in order to steal then it is robbery.
