Property Offences - Theft

Question 1

Types of theft

Answer 1

Fraud, Burglary and Robbery

Question 2

Types of theft; Fraud

Answer 2

• Services
• Making off
• Fraud = False rep
• Fraud = failure to disclose
• Fraud = Abuse of position

Question 3

Types of theft; Burglary

Answer 3

9(1)a
9(1)b
Aggravated Burglary
Removing articles

Question 4

Types of theft; Robbery

Answer 4

• S.8 Robbery
• Taking conveyance

Question 5

Theft Definiton

Answer 5

S.1(1) Theft Act 1968; “A person is guilty of theft is he dishonestly appropriated property belonging to another with the intention of permanently depriving the other of it”

Question 6

AR/MR of Theft Definition

Answer 6

AR: “Appropriates”(s.3), “Property”(s.4), “Belonging to another”(s.5)

MR: “Dishonestly” (s.2), Intention to permanently deprive (s.6)

Question 7

S.4 Property

Answer 7

“Property” includes money and all other property, real or personal, including things in action and other intangible property

Question 8

Property breakdown

Answer 8

Money - Duru [1947]
Intangible property - AG of Hong Kong v Chan Nai-Keung (1987)
Something illegal - R v Smith, Plummer & Haines (2011)

Question 9

What is not property?

Answer 9

1. Land s.4(2) - Gimbert [2018]
2. Wild animals/plants ss.4 (3)-(4)
3. Electricity - Low & Blease (1975) but s.13 Theft act 68’
4. Bodyparts and corpses - Handysides case [1746]/Sharp (1857) and Kelly and Lindsay (1998)
5. Confidential information - Oxford v Moss [1979

Question 10

Property belongs to another where that person…

Answer 10

1. Has possession or control of it
2. Has given it to the defendant subject to an obligation
3. Has given it to the defendant by mistake and D is under obligation to restore it
4. Is the beneficiary of a trust to which the property is subject

Question 11

Possession of something illegal

Answer 11

Smith (2011)

Question 12

Control without possession

Answer 12

Woodman (1974)

Question 13

Lost or abandoned property

Answer 13

Ricketts v Basildon Magistrates (2011)
Williams v Phillips (1957)

Question 14

Property received under an obligation

Answer 14

S.5(2) & (3)
An obligation to deal with the property in a particular way - Hall (1972) / Klineberg & Marsden (1999)

Question 15

Charity money

Answer 15

S.5(3) - Wain (1995)

Question 16

Informal obligation

Answer 16

David v Bunnett (1984)

Question 17

Property obtained by mistake s.5(4)

Answer 17

Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.

Question 18

Other situations

Answer 18

Bonner (1970)

Question 19

Appropriation definition s.3(1)

Answer 19

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.

Question 20

Any assumptions of the rights of the owner

Answer 20

Pitham v Hehl (1977)

Question 21

Morris (1984) HL

Answer 21

“In the context of section 3(1), the concept of appropriation in my view involves not an act expressly or impliedly authorised by the owner but an act by way of adverse interference with or usurpation of the owner’s rights.” (Lord Roskill) – nb. obiter

Question 22

Appropriates is not misappropriated consent?

Answer 22

Lawrence v MPC [1972]
“ Belief or the absence of belief that the owner has with such knowledge consented to the appropriation is relevant to the issue of dishonesty, not to the question of whether there had been appropriation.”

Question 23

Appropriation is a neutral concept, consent is irrelevant

Answer 23

Gomes [1992]
- No adverse interference with the owners rights are required
- Approved Lawrence & confirmed 2nd part of Morris decision was Obiter dicta

Question 24

Appropriation and gifts

Answer 24

Hinks [2000]
- No adverse interference with the owners rights are required
- Approved Lawrence & confirmed 2nd part of Morris decision was Obiter dicta

Question 25

Appropriation brief definition

Answer 25

An assumption by a person of ANY of the rights of an owner

Question 26

Defining dishonesty - s.2(1)

Answer 26

Appropriation not regarded to be dishonest if:
a. Belief in right to deprive
b. Belief in consent of the other
c. Belief owner cannot be found

Question 27

Ivey Direction

Answer 27

Ivey v Genting Casinos [2017]

Question 28

s.2 of Theft Act 68’

Answer 28

Definition of what is not dishonest

Question 29

s.2(1)(a) Belief in right to deprive

Answer 29

Holden (1991)
- Honest unreasonable belief
- Belief in legal (not moral) right
- Mistake of law = defence

Question 30

Should belief be reasonable?

Answer 30

Can be unreasonable belief but must be genuine

Question 31

s.2(1)(c) Belief owner cannot be found

Answer 31

Small (1987)

Question 32

Old Law - Ghosh (1982) Test

Answer 32

Was the action dishonest?
Feely (1973) - “standards of ordinary decent people”
Did D realise what he was doing was dishonest by those standards?

Question 33

Stage 2 Test for dishonesty

Answer 33

What was D’s actual state of knowledge or belief as to the facts; and
Was the defendants conduct dishonest by the standards of ordinary decent people?

Question 34

Ivey confirmed in…

Answer 34

Barton v Booth [2020] - state of knowledge/was his conduct dishonest?

Question 35

s.2(2) Dishonest despite willingness to pay;

Answer 35

The fisherman’s case (1584)

Question 36

Intention to permanently deprive criteria

Answer 36

• Intending to treat property as own
• A borrowing equivalent to taking
• Lawful possession but unable to return

Question 37

Intention to treat property as own

Answer 37

DPP v Lavender (1994) CA
Raphael (2008)

Question 38

Borrowing or lending equivalent to outright taking

Answer 38

Lloyd (1985); “The goodness, the virtue, the practical value of the films to the owners has not gone out of the article. The film could still be projected to paying audiences, and…audiences would have paid for the seats.” – per Lord Lane CJ at pp.836-7

Question 39

Lawful possession but unable to return

Answer 39

Fernandes (1996) - s.6(1) should not be given restricted interpretation – 1st limb ” Intention to treat the thing as his own to dispose of regardless of other’s rights” but 2nd limb of s.6(1) & s.6(2) are merely specific illustrations/examples.

Question 40

Intention doesn’t need actual permanent deprivation

Answer 40

Vinall (2011) - Intention at the moment of taking the bike was to permanently deprive

Question 41

Conditional intention to deprive is insufficient

Answer 41

Easom (1971); conditional intention to take anything worth stealing = attempted theft

Question 42

s.6(2)

Answer 42

Gambling/Pawning anothers property