Property offences - Theft Flashcards
What is the MR and AR of theft?
a) Actus reus:
- Appropriation; even with the consent of the owner
- Property (money and all other property - tangible/intangible)
- Belonging to another
b) Mens rea:
* Dishonestly
- With the intention to permanently deprive
! ALL of these elements must exist simultaneously.
What are the principles of theft of gifts?
(a) appropriation is a neutral act and the state of mind of the donor is irrelevant
(b) therefore appropriation could take place with or without the consent of the owner; and
(c) therefore a person could be guilty of stealing a valid inter vivos gift.
Does the theft act protect innocent purchasers?
Theft act exempts a defendant from liability for theft where the defendant purchases goods in good faith and for value, then later discovers that the seller had no title to the property, but decides to keep it.
ACTUS REUS: What do we mean by ‘appropriation’?
any assumption by a person of the rights of an owner.
*Only one right needs to be assumed
* You can appropriate even with the consent of the owner.
* You can steal a valid gift.
* If the defendant does not have the mens rea when first assuming an owner’s right, check whether there is a later appropriation.
ACTUS REUS: What ‘property’ CANNOT be stolen?
All property may be stolen EXCEPT:
1- Land:
A person cannot steal land unless:
- they are a trustee or PR with duties
- when a person not in posession of the land severs or causes the land to be severed.
- under a tenancy, appropriating whole or part of any fixture.
2- Things growing in the wild:
(Mushrooms, Flowers, Fruit; and/ or Foliage)
EXCEPT when D’s purpose was a reward, selling or a commercial purpose.
3- Wild animals:
Not guilty of theft if unkept animals and/or animals not usually kept in captivity.
EXCEPT with tamed animals, ones kept in captivity…
ACTUS REUS: What do we mean by ‘belonging to another’?
Property can belong to persons who have possession or control, not just of the specified property, but over the land upon which it was found.
This can be so even if the owner of the land is unaware of its existence.
What is considered theft for property given to another for a particular purpose?
Title in property passes at the time that the parties intend it to pass.
If property is handed over for a particular purpose, and the title in that property passes to the accused before D has formed a dishonest intention to use it
for an unauthorised purpose.
! ONLY applies when accused is under legal obligation to use the property for the purpose given.
What about property obtained by another’s mistake?
*Under the law of restitution, when someone is aware they have acquired property by a mistake they are usually under a legal obligation to restore it
- Section 5(4) then allows the property to belong to another (the person entitled to restoration) for the purposes of the Theft Act 1968.
MENS REA: What is ‘dishonesty’ in theft?
At the discretion of the jury.
Not require the defendant’s belief to be reasonably held. As long as it is genuinely held D will not be dishonest.
! A person can still appropriate a property dishonestly even if they are willing to pay.
In what situations does an appropriation of property not regarded as dishonest?
If D appropriates property in the belief that:
- D has a right in law to deprive the other of the property;
- D would have the other’s consent if the other person knew; or
- The person to whom the property belongs cannot be discovered by taking reasonable steps.
What is the test for dishonesty in the Casinos case?
(i) What was the defendant’s knowledge and belief as to the facts?
(ii) Given that knowledge and those beliefs, was the defendant dishonest by the
standards of ordinary decent people?
Both questions must be considered.
MENS REA: what is the intention to permanently deprive?
If the defendant has an intention to treat the thing as their own to dispose of regardless of the others rights.
There is no requirement that the owner is actually deprived of their property permanently.
The defendant must have the intention to permanently deprive at the time of the appropriation.
what do we mean by ‘dispose of the property regardless of other’s rights’?
- The dictionary definition:
* The defendant attempting to sell the owner their own property
* The defendant using the owner’s property for bargaining (ransom cases)
* Rendering the property useless. - Intending to treat it in a manner which risks its loss.
- More than ‘dealing with’ is required
Can borrowing be viewed as a way of disposing property?
Yes if the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
Also yes if it was :’ the intention to return it minus all its goodness, virtue and practical value’
