Theft Flashcards
Defined in
Theft Act 1968 S1(1)
Define
Dishonestly appropriate property belonging to another with intention to permanently deprive the other of it
elements in section order
S1 define S2 dishonestly S3 appropriates S4 property S5 belonging to another S6 permanently deprive the other
Element in scenario order
Appropriation Property Belonging to another Dishonesty Intention to permanently deprive
S3(1) TA 1968
Appropriation is assuming the rights of an owner
Morris
Only 1 right has to be assumed
Pitham & Hehl
Assuming right to offer for sale is appropriation
Lawrence v MPC
If V consents to appropriation, can still be appropriation
Hinks
Accepting a gift can be appropriation
S3(1) TA 1968
Appropriation covers situation where he has come by property innocently and then later assumed rights
S4(1) TA 1968
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
Usually land cannot be stolen unless 1 of 3 apply
- severs it from land
- tenant takes fixture/structure from land let to him
- someone legally entrusted to look after land abuses power (estate agents)
Welsh
Bodily fluids are property
Kelly & Lindsay
Generally corpses/body parts are not property
Exception: they may become property if they acquire value: educational/artistic purposes
Oxford v Moss
Information/knowledge is not property
Akbar
Exam papers are personal property
S13 TA 1968
Electricity cannot be stolen (only abstracted)
S5(1)
Belonging to another = having possession/control/propriety interest or legal right in property
(Remember want to prove how someone other than D owned it)
Turner
If property is belonging to more than 1 person a legal owner can still steal his own property
Ricketts v Basildon Mags
If in Ben belongs to owner of bin
If rubbish on street, original owner had proprietary interest until his intention had been fulfilled
S5(3) Davidge & Burnett
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
S5(4) AG Ref 1 (1983)
If D received property by mistake and D is under legal obligation to return it then it still belongs to another
S2(1)(a) Robinson
D is not dishonest if…
D honestly believed they have legal right to property
S2(1)(b) Holden
D believed the owner would have consented if they were aware of the appropriation & circum
S2(1)(c) Small
D believes owner cannot be found by taking reasonable steps
S2(2) TA 1968
D may still be dishonest even though willing to pay for property
Eg. Seller does not want to sell
When no exceptions from S2 apply, use ‘Ivey Test’ (Ivey v Genting Casinos)
To work out if D dishonest
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
Barton & Booth
Confirmed use of Ivey Test in criminal cases
S6(1) DPP v Lavender
Intention to permanently deprive is:
Intending to treat the property as one’s own to dispose of (deal with) regardless of owner’s rights
Warner
Must be intention to PERMANENTLY deprive
Velumyl
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
S6(1)
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
Lloyd
To see if it’s equivalent to outright taking when borrowing look at of ‘goodness, value and virtue’ has been removed from the property
Easom
Conditional intent is not enough
