Theft Flashcards
Define theft
The theft act 1968 states “ a person will be liable of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving them of it”
Key information from section 2
- No definition in the act however if all the elements of theft are satisfied, the defendant will be liable as the motive is irrelevant.
- A person’s willingness to pay still can be classed as dishonest.
- From the case of “Ghosh” the courts decided to use the Ghosh test to determine if the defendants conduct was dishonest. This was dependant on if they were dishonest according to the subjective test and objective test.
- This changed in 2017 due to the case of “Ivey vs Genting’s casino” where the courts decided it is unnecessary if the defendant believes their conduct was dishonest therefore they removed the subjective test and now only use the objective test
What behaviour is not dishonest?
A) If the defendant has the right tot deprive the other of the property in law
B) If the owner would have consented to the appropriation
C) If the owner of the property cannot be discovered taking reasonable steps.
Define appropriation
S3(1) of the theft act 1968 defines an appropriation as “ assuming the rights of the owner and this includes where has come across the property with stealing it, any later assumption of the right by keeping or dealing with it as the owner”
Key information from section 3
An appropriation can take place even with the consent of the owner.
“Hinks” and “Gomez”
In the case of “Morris”, it was decided that the defendant only needs to assume one right of the owner and not all of them.
This includes keeping, dealing, selling, consuming, destroying and burning the property etc
Define property
According to s4(1), “property includes money and all other property real or personal, including things in action and other intangible property”
From section 4, what things cannot be stolen
A) Mushroom, flowers, fruit and foliage growing in public or in the wild
B) Wild creatures unless tamed or in captivity
C) Electricity
Define belonging to another
“Property shall be regarded as belonging to another person who has possession or control of it, or having any proprietary right or interest”
What is intention permanently deprive the other of it
To satisfy theft, it must be proved that the defendant had the intention to permanently deprive the other of the property
Key information of section 6
Intention to permanently deprive the other of property does not mean they permanently take possession of the property but treat it as their own as shown in the case of “Lavender”
