Theft Flashcards
what is the act?
Theft Act 1968
What is the section?
Section 1 (1)
Definition of theft?
The dishonest appropriation of property belonging to another with intention of permanently depriving the other of it
Actus Reus? 3
The appropriation
Of Property
Belonging to another
Appropriation, Section?
s 3
Appropriation definition
Any assumption by a person of the rights of an owner.
What can appropriation include?
Where they have come by the property without stealing, any later assumption of a right to it by keeping or dealing with is as owner
Can it still be theft even when the owner consented to the appropriation?
Yes - R v Lawrence
R v Lawrence
Took taxi, paid driver but wasn’t enough, driver reached into wallet and took more. V consented but still was theft
Property, Section?
Section 4
Definition of property
Money and all other property, real or personal, including things in action and other intangible property
What cannot be stolen?
Land, mushrooms etc growing wild unless picked for financial gain, wild creatures unless tamed or in possession of another.
Can confidential information be stolen?
No - Oxford v Moss
Oxford v Moss
Stole confidential exam papers - did not amount to property
Belonging to another section?
Section 5
Definition of belonging to another
Belonging to any person having possession or control of property, or having any proprietary right or interest in it
What does Davidge v Bennett establish?
That property remains belonging to another if there is an obligation to deal with it in a certain way
Does property received mistakenly remain property belonging to another?
Yes, if there is a legal obligation to return.
Mens rea of theft?
Dishonesty, and
Intention to permanently deprive
Dishonesty section
Section 2
What isn’t dishonest 1
If the defendant has in law the right to deprive the other of it, or
What isn’t dishonest 2
If D would have the other’s consent if the other knew of the appropriation and the circumstances of it, or
What isn’t dishonest 3
If the person to whom the property belongs cannot be discovered by taking reasonable steps
What is the test for dishonesty? 2
Decide what the individual knew about what they were doing and what the surrounding circumstances were,
Assuming that state of knowledge, decide whether a ordinary decent member of society would say what was done was dishonest. (D’s personal standards do not matter)
Intention of permanently depriving section?
Section 6
When could intention of permanently depriving be found?
If the person treats the thing as their own to dispose regardless of the other’s rights
Under s 6 (2) when else is there an intention to permanently deprive?
If the thing is returned but some of its value has diminished