Theft Flashcards
What is act covers theft?
1968
What is theft?
‘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 are the 3 elements in the actus reus?
Appropriates, Property, Belonging to another
What are the 2 elements in the mens rea?
Dishonesty, intention of permanently depriving the other of it.
What is the legal point in R v Pitham and Hehl?
- D attempted to sell friend in prisons furniture. (Assumed rights)
- Attempting to sell somebody else’s property is theft.
How is assumption of rights related to theft?
Any assumptions of the right of the owner, including destroying property is theft.
What property is included in theft?
Theft of property can include both tangible and intangible.
What are examples of tangible and intangible property?
Tangible = Cash, Wallet etc. Intangible = Bank account.
What is ‘real property’?
Used for land or buildings.
How can real property be appropriated (3 ways)?
- A trustee taking land in breach of his duties.
- Someone not in possession of property severs anything forming land.
- Tenant takes a fixture or structure from land let to him.
What does property include in s4 of Theft act?
Includes money and all other property real or personal, including things in action and other tangible property.
What does not count as property?
Plants and fungi growing wild and wild animals.
What is ‘belonging to another’?
Wide-ranging as it’s not always necessary to prove who the legal owner of the property is, rather the person who is in control of property at time.
What is the legal point of R v Turner (took his car from garage)
Car was in garages possession and required payment. Therefore guilty for taking own car before paying. (Lien).
What is proprietary interest?
When a person owns and is in possession of property, they can still be guilty of theft if somebody else has an interest in it.
Property received by accident:
case example
Where property has been handed over to D by another’s mistake and so has become D’s property unless obligation to return. (Attorney general ref)
What behaviour is not regarded as dishonest?
- They have the right to deprive somebody (bailiffs).
- They have the others consent.
- Owner of property can’t truly be discovered.
What test was made for dishonesty?
Ghosh test. (R v Ghosh).
What are the two questions in the Ghosh test?
1st part is objective: Does the reasonable person see it as dishonest?
2nd part is subjective: Did D realise it was dishonest?
What did the Supreme Court do to the Ghosh Test?
In Ivey v Genting Casinos got rid of the second half of the Test.
Willing to pay:
s2 states its also theft if property is taken regardless of the owners wishes, even if the intention is to pay back later.
What case relates to dishonesty?
(R v Robinson) + (R v Small)
What are the 6 sections of the Theft Act to remember?
s1: Definition.
s2: Dishonesty.
s3: Appropriation.
s4: Property.
s5: Belonging to another.
s6: Intention to permanently deprive.
Borrowing or lending:
Section 6 states that borrowing is not theft unless it is for a period and is brought back in the same conditions.
