Property offences: Theft and robbery Flashcards
What is the definition of “Theft”?
Theft is defined in s1 Theft Act 1968 a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’
What is the order of the sections of theft?
- Act 2, dishonestly, MR.
- Act 3, appropriates, AR.
- Act 4, property, AR.
- Act 5, belonging to another, AR.
- Act 6, intention of permanently depriving the other of it, MR.
Actus Reus - Appropriation (s3)
The act of taking something or assuming one of the rights of the owner. It can involve physically picking up an item, destroying property, throwing items away, selling property, switching price labels, or giving worthless cheques in payment for goods.
R V Vinall (2011)
D took the bike of the V using verbal and physical threats. Appropriation is satisfied because the initial taking of the bike and the intention of abandoning the bike has satisfied the AR and MR of theft.
R V Pitman and Hehl (1977)
This shows appropriation by assuming the right to sell. The D offered furniture for sale not belonging to himself, only the owner has the right to sell.
R V Morris (1983)
The D was still charged with appropriation even though he had not left the supermarket. he had taken when he switched the labels.
Lawrence V CMP (1972)
An appropriation can still take place even though the owner has given permission, this is because the D used deception to get consent from the V.
R V Gomez (1993)
Paying for goods with counterfeit money when the person selling thinks it is real/good so they consent.
R V Hinks (2000)
The D used deception to withdraw £50k from the v and £300 every day, as the v had limited intelligence, he couldn’t apprehend what was happening. Money was given freely but deception was used, following Lawrence.
R V Atakpu and Abrahams (1994)
The corporation that happened was under the jurisdiction of a non-English legal system, so it didn’t satisfy all the elements of theft.
Can you assume the right of an owner at a later time?
You can assume the rights of the owner at a later time, your guilty of appropriation.
Actus reus - Property (s4)
“property” can be money, real property, personal property, things in action, or other intangible property.
R V Kelly and Lindsay (1998)
Body parts.
R V Herbert (1961)
Hair.
R V Rothery (1976)
Blood.
R V Welsh (1974)
Urine.