Property Offences: Theft Flashcards
What Act is Theft defined in?
S1 Theft Act 1978 (TA 1968)
What is the definition of Theft?
‘A person is guilt of theft if he dishonestly appropriates property, belonging to another, with the intention to permanently deprive.’
Name the three Actus Reus elements for Theft:
- Appropriation
- Property
- Belonging to Another
Define and explain element one, Appropriation.
Appropriation: s3(1)
‘Any assumption by a person of the owner’s rights’
Includes; Selling, Destroying, Consuming, Lending, Possessing and Using.
Appropriation can still take place, despite consent
(R v Gomez)
Cases:
R v Morris: Appropriation as only shop owner can set a price.
R v Hinks: Acceptance of a gift can = appropriation
Oxford v Moss: Confidential information cannot be a theft.
Define and explain element two, Property.
Property: s4(1)
‘Property includes money and all other property, real or personal including things in action or other intangible property’
s4(2): A person cannot steal land
- Except if he is a trustee or personal representative
- Someone not in possession and if he severs anything forming part of the land
- A tenant takes a fixture or structure from the land lent to him
Things in Action, include:
Bank Accounts, Cheques, Copyright, Registered Trade Mark, Tickets (R v Marshall)
Cases:
R v Kelly: Body parts = property
R v Webster: Second medal was property which belonged to another
What is s4(3) & (4) of the TA 1968?
s4(3): Things which cannot be stolen:
‘A person who picks mushrooms growing wild on a land, or who picks flowers, fruit, or foliage from a plant growing wild on any land, does not steal… unless he does it for reward or sale’
s4(4):
‘Wild creatures, tamed or untamed shall be regarded as property, but a person cannot steal a wild creature not tamed or ordinarily kept in captivity’
Define and explain element 3: ‘Belonging to Another’ s5(1), include property received under an obligation, as a mistake and abandoned property.
‘Property shall be regarded as belonging to any person having possession or control of it, or having a proprietary right or interest’
Property received under an obligation: S5(3)
There are situations where the defendant is given property on the basis that he will keep it for the owner or deal with it in a particular way. (Davidge v Bennet)
Abandoned Property:
If property is truly abandoned it has no owner and anyone who takes it will be liable for theft (Williams and Phillips)
Property received by mistake:
A-G Ref (No1 of 1993): D had a legal obligation to make a restoration
Cases:
R v Turner: Taking back own property can = theft, if another is in possession of it
R v Woodman: Can steal something belonging to another even if they are unaware of being in possession of it.
R v Wain: Trustee of money that belonged to others.
What is the Mens Rea for Theft?
- Dishonesty
2. Intention to permanently deprive
Explain Element 1 of the MR for Theft: Dishonesty
Prosecution must prove that when D appropriated the property, he did so dishonestly.
Behaviour which is NOT dishonest: S2 of TA 1968
- He has a lawful right to deprive the other on behalf of himself or a third party, OR
- He would have the other’s consent if the other knew of the appropriation, OR
- The person whom the property belongs to cannot be discovered by taking reasonable steps
What is the Gosh Test for dishonesty?
Lord Lane:
“The D was acting dishonestly…according to the ordinary standards of reasonable and honest people”
“The jury must consider whether the D himself must have realised that what he was doing was dishonest”
Describe and explain Element 2 of the MR for Theft: Intention to Permanently Deprive
Intention can be inferred from the surrounding circumstances
S6(1): Intention will be inferred if the D:
- Disposes of the property
Including selling, lending and destruction.
