Theft Flashcards
What section and Act does theft come under?
s1 Theft Act 1968
How is theft described under s1 Theft Act 1968?
‘A person will be guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’.
What is the AR of theft?
The appropriation of property belonging to another
What is meant by ‘appropriation’?
‘any assumption of the rights of the owner amounts to appropriation..’
which case said that if the D assumes the right to sell this amounts to appropriation?
Pitham & Hehl - sold furniture belonging to another person.
Does D have to assume all the rights of the owner?
No, D doesn’t have to assume all the rights of the owner (Morris)
What did Corcoran v Anderson say?
That appropriation includes forcibly tugging on a handbag, even though V doesn’t let go.
What did the cases Lawrence and Gomez state?
Lawrence stated appropriation can occur with the consent of the owner and Gomez confirmed this; these cases involved an element or deception.
Which case held that appropriation can take place even when the owner has consented and there is no deception?
Hinks
What is the second element of theft?
Property (s4)
What does property include?
money, real property(land), personal property(body party) - Kelly&lindsay, things in action, other intangible property eg patent, but not personal info (Oxford v moss).
Which property cannot be stolen?
s4(3) - picking from the wild unless done for rewards or sale
s4(4) - wild creatures not ordinarily kept in captivity or untamed.
What was held in Kelly?
Dead body not normally property but, the body parts were property as they had acquired “different attributes by virtue of the application of skill…”
What was held in Oxford v Moss?
confidential information is not property within the meaning of TA.
What is the third element of theft?
Belonging to another (s5)
What does the wide definition of belonging to another include?
possession or control of property, or, any proprietary interest.
Which case said that a person can be in control of property even though he does not know that he possesses it?
Woodman - scrap metal in a disused site.
What was the principle under Ricketts v Basildon?
Items still belong to the donor until possession of goods have been taken.
What was the principle in Williams v Phillips?
refuse remained the property of the homeowner until it is collected and taken to the tip.
Which case stated that when money or cheques are given for a particular purpose, there must be a legal obligation to use the proceeds for that purpose
Davidge v Bunnett
Which case and section stated that where you are given something by mistake and have a legal obligation to give it back, keeping it may be theft?
AG’s Ref (No 1 of 1983) , under s5(4)
what is s2(1)(a)?
D believed he had in law the right to deprive the other of it, on behalf of himself or a third person (Holden).
what is s2(1)(b)?
D believed he would have the others consent if they knew of the appropriation and the circumstances of it
What is s2(1)(c)?
D believed that the person whom the property belongs can’t be discovered by taking reasonable steps.
Does D’s belief have to be correct and reasonable?
No, just genuine
What test do we use if none of s2(1) applies?
The objective test: would d’s behaviour be regarded as dishonest by the standards of reasonable and honest people?
Provide a case for s2(1)(a)
Small, he believed the car was abandoned and he had a legal right to take it, genuine belief was sufficient
what is the second element of mens Rea?
Intention to permanently deprive (s6)
Which case confirmed that the disposal of property includes dealing with property?
Lavender
Which case stated that this element can still be proved even if D intends to repay money he has taken?
Velumyl
What did Lloyd say?
If ‘the goodness, the virtue and the practical value had gone out of the article’ that would be sufficient for s6
