Theft

Question 1

Defined in

Answer 1

Theft Act 1968 S1(1)

Question 2

Define

Answer 2

Dishonestly appropriate property belonging to another with intention to permanently deprive the other of it

Question 3

elements in section order

Answer 3

S1 define 
S2 dishonestly
S3 appropriates 
S4 property 
S5 belonging to another 
S6 permanently deprive the other

Question 4

Element in scenario order

Answer 4

Appropriation 
Property 
Belonging to another 
Dishonesty 
Intention to permanently deprive

Question 5

S3(1) TA 1968

Answer 5

Appropriation is assuming the rights of an owner

Question 6

Morris

Answer 6

Only 1 right has to be assumed

Question 7

Pitham & Hehl

Answer 7

Assuming right to offer for sale is appropriation

Question 8

Lawrence v MPC

Answer 8

If V consents to appropriation, can still be appropriation

Question 9

Hinks

Answer 9

Accepting a gift can be appropriation

Question 10

S3(1) TA 1968

Answer 10

Appropriation covers situation where he has come by property innocently and then later assumed rights

Question 11

S4(1) TA 1968

Answer 11

Property includes money, and all other property, real or personal, including things in action and other intangible property
Physical cash, land, objects, bank account money, cannot touch like copyright

Question 12

Usually land cannot be stolen unless 1 of 3 apply

Answer 12

• severs it from land
• tenant takes fixture/structure from land let to him
• someone legally entrusted to look after land abuses power (estate agents)

Question 13

Welsh

Answer 13

Bodily fluids are property

Question 14

Kelly & Lindsay

Answer 14

Generally corpses/body parts are not property

Exception: they may become property if they acquire value: educational/artistic purposes

Question 15

Oxford v Moss

Answer 15

Information/knowledge is not property

Question 16

Akbar

Answer 16

Exam papers are personal property

Question 17

S13 TA 1968

Answer 17

Electricity cannot be stolen (only abstracted)

Question 18

S5(1)

Answer 18

Belonging to another = having possession/control/propriety interest or legal right in property
(Remember want to prove how someone other than D owned it)

Question 19

Turner

Answer 19

If property is belonging to more than 1 person a legal owner can still steal his own property

Question 20

Ricketts v Basildon Mags

Answer 20

If in Ben belongs to owner of bin

If rubbish on street, original owner had proprietary interest until his intention had been fulfilled

Question 21

S5(3) Davidge & Burnett

Answer 21

When property is received under legal obligation to deal with it in a particular way, it still belongs to the giver until condition is fulfilled

Question 22

S5(4) AG Ref 1 (1983)

Answer 22

If D received property by mistake and D is under legal obligation to return it then it still belongs to another

Question 23

S2(1)(a) Robinson

Answer 23

D is not dishonest if…

D honestly believed they have legal right to property

Question 24

S2(1)(b) Holden

Answer 24

D believed the owner would have consented if they were aware of the appropriation & circum

Question 25

S2(1)(c) Small

Answer 25

D believes owner cannot be found by taking reasonable steps

Question 26

S2(2) TA 1968

Answer 26

D may still be dishonest even though willing to pay for property
Eg. Seller does not want to sell

Question 27

When no exceptions from S2 apply, use ‘Ivey Test’ (Ivey v Genting Casinos)
To work out if D dishonest

Answer 27

Take into account

• what D believed facts of situation were
• whether jury felt his conduct was dishonest on those facts according to ordinary standards of reasonable and honest people

Question 28

Barton & Booth

Answer 28

Confirmed use of Ivey Test in criminal cases

Question 29

S6(1) DPP v Lavender

Answer 29

Intention to permanently deprive is:

Intending to treat the property as one’s own to dispose of (deal with) regardless of owner’s rights

Question 30

Warner

Answer 30

Must be intention to PERMANENTLY deprive

Question 31

Velumyl

Answer 31

When trying to temporarily deprive, you have to give back the exact same thing in return
Eg. Paying bank transfer after taking physical notes would not work

Question 32

S6(1)

Answer 32

Borrowing can amount to intent to perm deprive if property kept for such a long time and in such circum that make it equivalent to outright taking/disposal

Question 33

Lloyd

Answer 33

To see if it’s equivalent to outright taking when borrowing look at of ‘goodness, value and virtue’ has been removed from the property

Question 34

Easom

Answer 34

Conditional intent is not enough