Revision Book Flashcards
What is property for the purposes of the theft act 1968?
It includes money and all other property, real or personal, including things in action and other intangible property.
What is the AR and MR of theft?
Dishonest appropriation of property belonging to another with an intention to permanently deprive.
What does not amount to property for purposes of the theft act 1968?
Wild flowers, animals, land, confidential information (Oxford v Moss).
What is meant by belonging to another?
S5(1) theft act 1968 says property shall belong to any person having possession or control of it, or having any proprietary right or interest.
In this example, who owns the property?
A is in possession of a book belonging to B
The book belongs to A as he has possession and control over it and B has a proprietary interest.
Can you be guilty of theft by stealing your own property?
Yes, Turner - D took car from outside garage where it had been repaired. The garage were in possession of the car so it belonged to them for the purposes of theft.
What does s5(3) of the theft act 1968 deal with?
Where a person is given property for a particular purpose but uses it for something else. Leading cases are Hall and Wain. Hall - took money for booking holidays and instead paid it into the the companies general trading account, the money was not segregated so did not fall within the scope of s5(3). Wain - collected money for charity but kept for himself. If you collect for charity you are liable if you keep it.
What does s5(4) of the theft act 1968 deal with?
Where a person receives money by someone else’s mistake they have an obligation to make restoration. Attorney-General Reference No 1 of 1983 - computer error led to overpayment of wages which was realised by D making her liable. Had she not noticed it she would not have been.
What is the definition of appropriation?
S3(1) says it is the assumption of the rights of an owner (Morris) by keeping it or dealing with it as an owner.
When will someone’s appropriation not be dishonest?
S2(1) theft act 1968 says if he believes he has a right in law to deprive the other of it
If he believes he would have the owners consent
If he appropriates property in the belief that the original owner cannot be found by taking reasonable steps
What is the test for dishonesty?
Ghosh test - was what was done dishonest according to the standards of ordinary and reasonable people?
Did the D realise that what he did was dishonest?
If the answer to both is yes then he is dishonest, if only no to one then they are not.
When dealing with a theft problem and you come to determine dishonesty, what should you look at first?
S2(1) theft act 1968 which lists what is not dishonest (right in law, consent of owner, reasonable steps to find owner) and then the Ghosh test.
What does statute say about an intention to permanently deprive?
S6(1) theft act 1968 says it will be an intention to permanently deprive if his intention is to treat the thing as his own regardless of the others rights. Borrowing and lending may also be if it is equivalent to an outright taking. Remember it deals with the state of mind, not the actions.
What was said in the case of Lloyd about intention to deprive?
d worked at cinema and removed films to record and put back. Held borrowing would amount to an outright taking where the property was returned in such a changed state that all of the goodness and virtue had gone.
What is the definition of robbery?
S8(1) theft act 1968 says a person is guilty of robbery if he steals, and immediately before or at the time of doing so, he uses force on any person or seeks to put any person in fear of force being used against them.
