Theft Flashcards
- D may be liable for Theft, defined in…
D may be liable for Theft, defined in Section 1 of the Theft Act 1968 as:
‘The Dishonest Appropriation of property belonging to another with the Intention of Permanently depriving the other of it.’
- The Actus Reus…
Appropration can be a straightforward…
The Actus Reus is the dishonest appropriation of property belonging to another.
APPROPRIATION can be a straightforward outright taking.
This includes selling property (Pitham v Hehl).
Also, under S.3(1) it means the assumption of the rights of the owner, and can take place even when the property is innocently acquired, if D then keeps/deals with it.
- IF RELEVANT: a) Appropriation can take place even…
IF RELEVANT: Appropriation can take place even with consent, if there is deception, (Lawrence).
- IF RELEVANT: b) Appropriation can take place even when there is a gift…
IF RELEVANT: Appropriation can take place even when there is a gift made with consent and without deception, if it is obtained through coercion, (Hinks).
- IF RELEVANT: c) Appropriation can take place even if D leaves…
IF RELEVANT: Appropriation can take place even if D leaves the property behind having taken it, (Corcoran and Anderton).
- IF RELEVANT: d) Appropriation can take place through…
IF RELEVANT: Appropriation can take place through label swapping, (Morris).
- Under S.4(1), PROPERTY can be tangible such as…
Things that don’t constitute property include under S.4(3)…
Under S.4(1), PROPERTY can be tangible such as personal property, money and real property (eg land and buildings) or intangible such as things in action (eg cheque, debt, bank account) and patents.
Things that don’t constitute property include under S.4(3) mushrooms, flowers, foliage and fruit that have been picked from the wild for reward or sale, under S.4(4) wild creatures unless in captivity, confidential information (Oxford v Moss), and bodies/body parts unless used for exhibition/teaching purposes (Kelly and Lindsay).
Here the property is…
- Under S.5(1) property BELONGING TO ANOTHER means…
Under S.5(1) property BELONGING TO ANOTHER means the victim has possession or control of it.
- IF RELEVANT: e) Under S.5(3) if a person is under an obligation to retain and deal with property in a particular way…
IF RELEVANT: Under S.5(3) if a person is under an obligation to retain and deal with property in a particular way, that property is regarded as belonging to another, (Davidge v Bunnett, Hall).
- IF RELEVANT: f) Under S.5(4) if a person is given something by mistake, keeping it is…
IF RELEVANT: Under S.5(4) if a person is given something by mistake, keeping it is keeping property belonging to another as the victim has a ‘proprietary interest’ (Webster).
- IF RELEVANT: g) A person can be in control of property even though…
IF RELEVANT: A person can be in control of property even though they do not know it is there, such as abandoned property (Woodman).
- For the Mens Rea..
Firstly…
Secondly…
For the Mens Rea, under S.2 D must be DISHONEST.
The 2 stage test established in Ivey v Genting Casinos is used.
Firstly, the jury must decide what was the actual knowledge or belief of D as to the facts (a subjective test), and
Secondly, in that context, the jury must decide whether D’s behaviour would be regarded as dishonest by the reasonable, ordinary, decent person (an objective test).
A person’s appropriation will NOT be dishonest if under S.2(1)(a) there was the honest belief that he has a legal right to it, (Small), OR under S.2(1)(b) there was an honest belief that the owner would consent, OR under S.2(1)(c) there was an honest belief that the owner cannot be found by taking reasonable steps. The honest belief does not have to be a reasonable belief, just honest.
