Theft

Question 1

Definition

Answer 1

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
All 5 elements must be present

Question 2

Actus reus

Answer 2

3 elements:
1) Appropriation
2) Property
3) Belonging to another

Question 3

Mens rea

Answer 3

2 elements:
1) The defendant was dishonest
2) He had an intention to permanently deprive the owner of the property

Question 4

Actus reus - Appropriation - Definition

Answer 4

Any assumption of the rights of an owner. E.g making out that they’re the owner of the property and offered to sell it to someone else or if they chose to keep it for themselves.

Question 5

Actus reus - Appropriation - consent

Answer 5

This occurred even if the property passed with the consent or authorisation of the owner. - Virtually anything you do with property that is not yours is an appropriation

Question 6

Actus reus - Appropriation - People who acquire property without stealing it but later assume rights of an owner - General rule

Answer 6

General rule is that they are guilty of theft

Question 7

Actus reus - Appropriation - People who acquire property without stealing it but later assume rights of an owner - Exception

Answer 7

The innocent purchaser for value. You are not liable for theft if when you acquired the goods 2 major conditions applied:
1) The transfer must be for value. Doesn’t necessarily have to be money just consideration for it
2) Purchaser must have acted in good faith - had no doubts or concerns about the transaction and its legality

Question 8

Actus reus - Property - Definition

Answer 8

Property includes:
1) Money
2) Real property
3) Personal property
4) Things in action
5) Other intangible property

Question 9

Actus reus - Property - Money

Answer 9

Any currency

Question 10

Actus reus - Property - Real property

Answer 10

Land and things attached or fixed to it. However circumstances in which land can be stole is very limited

Question 11

Actus reus - Property - Personal property

Answer 11

Any tangible object that is not real property e.g cars, books, TVs, Furniture, jewellery, clothes

Question 12

Actus reus - Property - Things in action

Answer 12

Comprises property which you cannot touch or feel but is something you can enforce by a legal action. E.g copyright, overdraft, bank or building society account. You do not commit theft from a bank if you overdraw on your own account without authority however it is a fraudulent use of your own account

Question 13

Actus reus - Property - Other intangible property

Answer 13

Patent or an application for a patent

Question 14

Actus reus - Property - Land - General rule

Answer 14

You cannot steal land

Question 15

Actus reus - Property - Land - Exceptions

Answer 15

1st: Situation where someone acts a trustee or PR e.g one joint owner of property who then forges the other owner’s signature
2nd: someone not in possession of the land appropriating anything forming part of the land by severing it
3rd: tenants who take something fixed to the land which they’re not supposed to take
4th: if wild plants, mushrooms, flower, fruits or foilage are deemed to be property and someone takes them

Question 16

Actus reus - belonging to another - Definition

Answer 16

Property shall be regarded as belonging to any person having possession or control of it or having in it any proprietary right or interest.

Question 17

Actus reus - Belonging to another - Time

Answer 17

The property must belong to another at the time of the dishonest appropriation. The time to consider is the moment the defendant dishonestly appropriates the property. If ownership, possession and control of the property had already passed to the defendant at the time of his dishonest appropriation he is not guilty of theft.

Question 18

Actus reus - Belonging to another - Company

Answer 18

If one of the company directors took some of the company assets he would have stolen property belonging to another as it belongs to the company

Question 19

Actus reus - Belonging to another - Petrol

Answer 19

At the time the defendant was dishonest (when he decided not to pay for the petrol) the property had already passed to him so the actus reus element of belonging to another did not co-exist with the mens rea elements of theft. The crucial question is when does the defendant form his dishonest intent. It is at that point that you need to consider who the petrol belongs to. If the prosecution can prove that a defendant was dishonest all along there is no problem in establishing the coincidence of the actus reus and mens rea of theft

Question 20

Actus reus - Belonging to another - S. 5(3) - dealing with property in a certain way

Answer 20

Mainly regards cash. Introduced to cover situations where the owner A part with property to X on the understanding that X must deal with that property in a particular way. For this to apply the accused must be under a legal obligation not just a moral one. If the accused is under no such legal obligation and he can lawfully do what he likes with the property then it does not belong to another

Question 21

Actus reus - Belonging to another - S. 5(3) Example

Answer 21

A treasurer of a holiday fund who misapplies the fund or its proceeds. There appears to have been an obligation to keep the money or its proceeds in a separate fund

Question 22

Actus reus - Belonging to another - Abandoned property

Answer 22

If property is abandoned then it does not belong to anyone. Whether it has been abandoned depends on the intention of the owner when he disposed of it.

Question 23

Mens rea - Dishonesty - Situations where the person is not dishonest

Answer 23

1) If he appropriates the property in the belief that he has in law the right to deprive the other of it on behalf of himself or a third person
2) If he appropriates the property in the belief that he would have the other’s consent
3) If he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps

Question 24

Mens rea - Dishonesty - Ivey test

Answer 24

These are all subjective - individual must believe that one of the situations existed. Defendant is judged on the basis of his actual knowledge or belief as to the facts

Question 25

Mens rea - Intention to permanently to deprive - R v Velumyl

Answer 25

If you take money from someone intending to repay it you always intended to deprive the owner of the particular notes and coins that you took. Again the fact that you intended to pay the owner back is relevant only to the question of dishonesty.

Question 26

Mens rea - Intention to permanently deprive - Borrowing

Answer 26

If borrowing equates to outright taking then it would be theft. Borrowing won’t be classed as theft if there is still some value to the property when it is returned

Question 27

Theft and under an obligation to retain someone else’s property

Answer 27

Where a person receives property from or on account of another and is under an obligation to the other to retain and deal with that property or its’ proceeds in a particular way the property or proceeds shall be regarded as belonging to the other