Theft

Question 1

What is Theft and what Section is it contained in?

Answer 1

“Theft is the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it; and ‘theif’ and ‘steal’ shall be construed accordingly”

It is contained in section 1 of the Theft Act 1968

Question 2

What are the Elements that the prosecution have to prove before the offence of theft is made out.

Answer 2

1. A person must be dishonest
2. There must be Appropriation
3. There must be property
4. It must belong to along to another
5. The Defendant must intend to permanently deprive the other of it.

Question 3

What type of offence is theft and what does this imply.

Answer 3

Theft is an either way offence which means it can be tried in either the magistrates court or the crown court. However the higher the value of theft, the more likely it is that the magistrates will decline jursidcition

Question 4

What are the Guidelines of the theft

Answer 4

Theft valued higher than £10,000 should normally tried in the crown court. The defendant has a right of election to the crown court for any offence of theft however low the value.

Question 5

What is the value of low value theft and what is the sentencing for it.

Answer 5

Low value shop theft is to the value of £200 and the maximum penalty is 6 months imprisonment or a fine

Question 6

What was the test for dishonesty and how has it changed.

Answer 6

R v Gosh 1982 set out the test for dishonesty in two stages, firstly were defendants actions dishonest according to the standards of reasonable and honest people? Second, did the defendant know that honest and reasonable people would consider his actions to be dishonest.

However it received scrutiny in Ivey v Genting Casinos 2017- and the current test does not require the defendant to appreciate that what he has done is, by those standards dishonest.

Question 7

When dishonesty is in question what must be ascertained?

Answer 7

The actual state of the individual’s knowledge or beleif as to the facts (subjectively). whether his belief was reasonable is a matter of evidence but it is not an additional requirement; the question is whether it is genuinely held.

When his actual state of mind as to knowledge or belief is established, the question whether his conduct was honest or dishonest is to be determined by the fact finder by applying the (objective) standards of ordinary decent people.

Question 8

Actus reus and Mens rea of theft and why should you examine the mens rea

Answer 8

Theft requires both of these elements, but there may not be a guilty mind if the defendant was drunk or high on drugs. At the police station check the custody record of the client and find out the state of the client upon arrest.

Question 9

What is the sentencing of theft on inditcement

Answer 9

7 years

Question 10

What is Appropriation and what section of what act is outlined in

Answer 10

Appropriation is define in s3 of the theft act 1968 and it means assuming one or more rights of the owner (Pitman v Hehl 1977)

Question 11

What does s2 of the theft act 1968 outline

Answer 11

A persons appropriation of property is not to be regarded as dishonest
- if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person

• If he appropriates the property in the belief that he would have the others consent if the other knew of the appropriation and the circumstances of it
• If he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

Question 12

what is the appropriation defined as in the Theft Act 1968 s.3

Answer 12

Any assumption by a person of the right of an owner amounts to appropriation and this includes, where he has come by the property (innocently or not) without staling it, any later assumption of a right to it by keeping or dealing with it as owner.

Question 13

What does Lawrence v Metropolitan Police Commissioner 1972 tell us

Answer 13

to be guilty of the offence of theft it is not neccessary for the appropriation to be made without the consent of the owner.

Question 14

If a person decided to steal items that are placed on the shelf when will the offence of theft be made out?

If he Decides to put the items back what is it then?

Answer 14

The full offence of theft is made out at the moment of removing the goods. If he put the items back however this will be mitigation.

Question 15

Where is property defined and what is it defined as?

Answer 15

Property is widely defined in s4 of the Theft act 1968

“property includes money and all other property, real or personal, including things in action and other intangible property”

Question 16

What is a ‘thing in action’ (‘a chose in action’)

Answer 16

an intangible item such as a bank account or a right over property which can be enforced by action

Question 17

How can a ‘chose in action’ be stolen

Answer 17

By an assumption of the rights over it.. I can be done by writing a cheque or presenting a cheque on a complainants bank account.

Question 18

What is not considered property

Answer 18

Confidential information
Electricity (Low v Blease 1975)
Body parts unless it can be assumed that the body part in question has assumed significance beyond its mere existence e.g a transplant operation.

Question 19

Who does property belong to? and what is the case for it

Answer 19

Anyone who has possession over it or control of it or has a Proprietary right or interest. An individual can steal property if he has a properitarty interest in it (Bonner 1971) WLR 838
Meredith 1973 CLR 253

Question 20

What does the Theft act 1961 S.5 say

Answer 20

1 Property shall be regarded as belonging to any person having possession of it; or having in it any proprietary right or interest in it.

2 Where property is subject to a trust, the person to whom it belongs shall be regarded as including any person having a right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having that right.

3 Where a person gets property by another mistake, and is under an obligation to make restoration of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded accordingly as an intention to deprive that person of the property or proceeds.

Question 21

If property belonged to another how can it be proved? and what is the case

Answer 21

through circumstantial evidence even though the owner is unknown R v Burton 1854

Question 22

What is the law in regards to abandonded property and the relevant cases?

Answer 22

Abandoned property cannot be stolen ( R v White 1912) 7 Cr App R 266 CCA.

The court will always query whether the property is in fact abandonded ( Williams v Philips 41 Cr App R 5 DC)

Property thrown away into a dustbin is not abandoned the defendant may still have a defence on the basis of lack of dishonesty.

Question 23

What does section 18 of the Sales of goods Act outline? when does the appropriation occur

Answer 23

When petrol that Is pumped into a fuel tank at a petrol station property passes to the owner of the car. The Appropriation occurs when the owner of the vehicle drives off

Question 24

Explain the obligation when property is passed from or on account of another? what is the case

Answer 24

The obligation has to be legal one, a moral obligation will not amount.

Hall 1973- a travel agent received deposits from customers to pay for a hoilday, there was no holiday forthcoming and no refunds. There was no theft because the defendant was not under legal obligation to deal with funds, his liability was as a debtor

Question 25

Explain the process to permanently deprive and is it theft?

Dpp v Lavender 1994

Answer 25

An intention to permanently deprive is not theft. It must occur at the same time of appropriation and therefore a theft has occurred even if the defendant later decides to return the property to the complainant.