Theft Flashcards
Where is theft defined and what is the definition?
Theft Act 1968 S1(1) as:
‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive them of it’
Actus reus of theft
S3 Appropriation
S4 Property
S5 Belonging to another
Where is appropriation defined and what is the definition?
S3
Any assumption by a person of the rights of an owner, inc. where they came across the property without stealing it (later assumption of rights by keeping it or dealing with it as their own)
R v Gomez and R v Lawrence
Consent to the appropriation
R v Pitham and Hehl
S3
D sold property of another person but didn’t come into actual possession of the property
Selling was a right of the owner which D had interfered with (appropriated)
R v Morris
S3
D swapped price tags in a shop
This was an appropriation (interference of thew owners rights)
Where is property defined?
What is the definition?
What cannot be stolen?
S4(1): ‘property includes money and all other property, real or personal, including things in action and hotter intangible property’
The rest of S4 defines what cannot be stolen: land
mushrooms, flowers, fruit or foliage growing unless picked for financial gain
wild creatures unless teamed, in captivity or in the possession of another
Oxford v Moss
Confidential information/information held on paper cannot be stolen
R v Kelley and Lindsay
Body parts can be property
Where is belonging to another defined and what is the definition of belonging to another?
S5: ‘property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary interest’
R v Turner (S5)
A person can steal his own property from someone else (garage)
The property would be regarded as belonging to another against the owner if it’s in the possession and control of another
Rickets v Basildon MC (S5)
Goods left outside of a charity shop
Davidge v Bunnet (S5(3)
Where a person received money from another and is under an obligation to deal with that property in a particular way the property shall be regarded as belonging to another
