Property: Theft Flashcards
What type of offence is theft?
Triable Either Way
What is the maximum sentence for theft?
7 yrs
What act does theft come under?
S.1 Theft Act 1968
What does S.1 Theft Act 1968 define theft as?
The dishonest appropriation of property belonging to another with the intention to permenantly deprive
What does appropriation come under?
S.3 Theft Act 1968
What does S.3 Theft Act 1968 define appropriation as?
Any assumption of the rights of the owner
What does an appropriation include?
Selling
Destroying
Eating
Using
What happened in Morris?
D switched labels of 2 items on the shelf in a supermarket, put lower prices item in basket
Upheld conviction as there doesn’t have to be an assumption of all the rights
What happens with consent with regards to appropriation?
Appropriation can ocur even with the V’s consent
What happened in Lawrence?
Consent was irrelevant, when he took more than what the actual fare cost
What act does property come under?
S.4 Theft Act 1968
What does S.4 Theft Act 1968 define property as?
Money and all other property real, or personal, including things in action and intangible property
What does S.4 not class as property?
Wild plants, fruit and mushroom unless sell it
Wild animals unless in a zoo
Information unless personal
What happened in Oxford and Moss?
Got information of exam paper and put paper back, didn’t take photo so knowledge of exam paper was not property
What act does belonging to another come under?
S.5 Theft Act 1968
What does S.5 Theft Act 1968 define BTA as?
Having possession or control of it, or having any proprietary right or interest
What happened in Turner?
Car was in possession and control of garage so was property BTA, D guilty of stealing his own car
What does S.5(3) outline?
Legal obligation to deal with property in a specific way, unless carried out, it is still belonging to original owner
What happened in Davidge v Bunnett?
Money was given for a specific purpose , had legal obligation to pay gas bill, it was property BTA
What does S.5(4) outline?
If obtain property by mistake, no legal obligation to return
What are the exceptions with regards to S.5(4)?
Under sales of goods act - extra change given after sale
Under contract of employment - extra money given by wage or salary
What is ownerless property?
Lost property can be stolen
Abandoned property can’t be stolen as it doesn’t have an owner
What is the MR for theft?
D was dishonest with the ITPD
What act does dishonest come under?
S.2 Theft Act 1968
What does S.2 Theft Act 1968 define dishonest as?
Doesn’t define dishonesty but says what wouldn’t be dishonest
What are the circumstances where a D won’t be dishonest?
Where D believes he has legal right to deprive other of their property
Where he believes the owner would have allowed him to have the property in the circumstances
He believes the true owner can’t be found by taking reasonable steps
What kind of test is S.2?
Objective test
What case outlines S.2?
Ivey v Genting Casinos
Confirmed in Barton & Booth
What happened in Ivey v Genting Casinos?
D cheated in casino, upheld his conviction
Test is whether the RM would regard the D’s actions as dishonest
What act ITPD come under?
S.6 Theft Act 1968
What does S.6 Theft Act 1968 define ITPD as?
ITPD must exist at the time of the appropriation
Is irrelevant if property is later restored to the owner
Can’t be guilty of theft for unauthorised borrowing unless it’s returned with diminished practical value
Desribe money in regards to ITPD?
ITPD still exists even if equivalent amount is repaid as the owner is deprived of the exact notes and coins
What happened in Velumyl?
Upheld conviction as he had ITPD company of the exact notes and coins
Describe borrowed property with regards to ITPD?
It is only theft is the property has wholly diminished in value so all goodness and virtues have gone
What happened in Lloyd?
Film wasn’t wholly diminished in value, film could still be shown to the public
What is conditional intent?
D picks item and decides if it’s worth stealing, wont be ITPD as can’t be established that the D possessed the ITPD but can amount to an attempt
What happened in Easom?
D picked up handbag, replaced bag without taking anything
Wasn’t guilty as there was no evidence he ahd ITPD
