Theft

Question 1

Step 1 of theft model answer (definition)

Answer 1

D will be charged with Theft contrary to s1 of the Theft Act 1968 which states “a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of depriving the other of it.”

Question 2

Step 2 of theft model answer (appropriation)

Answer 2

Under s3, appropriation is “any assumption of the rights of an owner” as in Pitham & Hehl. In Morris, the switching of price labels was an appropriation and appropriation can take place with the owners consent (Lawrence). It can also be where a gift is obtained through deception (Hinks).

Here, the D appropriated when they…. (remember this can be multiple times if more than one right of the owner is assumed)

Question 3

Step 3 of the theft model answer (property)

Answer 3

Under s4, property “includes money and all other property, real or personal, including things in action and other intangible property. This can include body parts as in Kelly and Lindsey. Information is not property (Oxford v Moss).

Here, the type of property that has been appropriated is……

Question 4

Step 4 of the theft model answer (owner)

Answer 4

Under s5 “property is regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest as in Turner. Property that the owner does not know they have still belongs to them (Woodman), property received under an obligation still belongs to another if not used for that purpose (Davidge & Bunnett) and property obtained by mistake still belongs to another (AG Ref).

Here, at the time of the appropriation, the property belonged to……

Question 5

Step 5 of the theft model answer (short theft MR definition)

Answer 5

MR of Theft is to intend to permanently deprive V of the property and to do so dishonestly.

Question 6

Step 6 of the theft model answer (dishonesty)

Answer 6

There are 3 examples of where a person should not be deemed dishonest. (apply relevant)

If D appropriates property in the belief that he has a right to it (Holden)

OR he believes he has the owner’s consent;

OR the owner could not be traced through reasonable steps (Small).

Question 7

Step 6 continuation if examples fail (dishonesty)

Answer 7

If s2(1) does not apply, the courts will apply the Ivey Test (confirmed in Barton & Booth): What were the facts as D believed them to be, and based upon these facts, was D’s conduct dishonest by the standards of ordinary decent people?

APPLY this test….

Question 8

Step 7 of the theft model answer

Answer 8

In s6(1), Intention to Permanently Deprive (IPD) is defined as D treating the property as their own to use and dispose of regardless of the owner’s rights (Lavender), or ‘removing the goodness, virtue and practical value out of the item (Lloyd)

Here, the D has IPD because they….