Theft

Question 1

what is the definition of theft?

Answer 1

(S.1 Theft Act 1968)-dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it

Question 2

what is the first step of theft?

Answer 2

dishonest appropriation

• (S.3 TA)-assumption by a person of the rights of the owner of the property
• (Morris)-enough for assumption of any of the rights of the owner-does not need to be all of the rights
• (Lawrence)-consent
• (Hinks)-gifts

Question 3

what is the second step of theft actus reus?

Answer 3

property

(S.4(1) TA)-money and all other property, real or personal including things in action and other intangible property

-real property-land and buildings

• personal property-all moveable items
  
  • (Kelly)-body parts

-things in action

• other intangible property
  
  • (Oxford v Moss)-confidential information not property

Question 4

what are the property exceptions?

Answer 4

• (S.4(3) TA)-doesn’t include mushrooms and plants growing wild
• (S.4(4) TA)-wild creatures

Question 5

what is the third step of theft?

Answer 5

belonging to another

Question 6

what are the three rules of belonging to another?

Answer 6

possession or control

property received under an obligation

abandoned property

property received by mistake

Question 7

what are the rules for possession of control?

Answer 7

• (S.5 TA)-possession or control or any proprietary right or interest in it
• possession-physical ability to enjoy the property
• (Turner)-can steal own property
• (Woodman)-can be in possession and control even though you don’t know it is there

Question 8

what are the rules for property received under an obligation?

Answer 8

• (S.5(3) TA)
• (Davidge v Bunnet)-possession and control remains with other person
• (Wain)-donations

Question 9

what are the rules for abandoned property?

Answer 9

if abandoned does not belong to another

only abandoned if opener intended not if lost

(Williams v Phillips)-rubbish

Question 10

what are the rules for property obtained by mistake?

Answer 10

• (S.5(4) TA)-property by mistake

- (A-G’s reference (No. 1 of 1983)-if dishonest intention not to make restoration

Question 11

what is the fourth step of theft?

Answer 11

dishonest appropriation

• (S.1 TA)
• must occur at the same time as appropriation
• if not dishonest at first then appropriation only occurs at the point of the dishonesty

Question 12

what is the test for dishonesty?

Answer 12

test for dishonesty

where no exceptions under (S.2(1))- must use case law

-(Ghosh)-2 part test

1. would d’s behaviour be regarded as dishonest by the standards of reasonable and honest people
2. was d aware that his conduct would be regarded as dishonest by reasonable and honest people

-changed in (Ivey v Genting Casinos)-removed 2nd question

Question 13

what is willingness to pay?

Answer 13

S.2(2) TA fact that d is willing to pay for the property does not mean he is acting honestly

Question 14

what is the fifth step of theft?

Answer 14

intention to permanently deprive

• S.6(1) TA-treat thing as his own
  
  • dispose of property regardless of the other’s rights
  • borrowing or lending making it equivalent to outright taking or disposal
    
    • (Lloyd)-goodness or virtue

-(Velumyl)-borrowing money still intention to permanently deprive as can’t return the actual notes/coins

Question 15

what is conditional intent?

Answer 15

d intends to steal something if there is anything worth stealing

(Easom)-conditional intent is insufficient for the mr of theft