Theft Flashcards
Defined under
s1 Theft Act 1968
Definition
“dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it”
AR (1/3) Appropriation
s3(1) “any assumption by a person of the rights of an owner amounts to appropriation”.
Taking over the owners rights e.g. selling, possessing, consuming and destroying property. (R v Morris)
Consent can be appropriation.
AR (2/3) Property
s4 “money and all other property real or personal, including things in action and other intangible property”.
Includes body parts (Kelly and Lindsey)
Does not include information.
AR (3/3) Belonging to Another
s5 “possession or control of it, or having in it any proprietary right or interest”.
(R v Woodman) can be in possession and not realise.
(R v Webstar) can own property but still be liable for theft, if another has proprietary interest in it.
(R v Hall) obligation to deal with it in a particular way
(R v Gilks) if a person receives property by a mistake and is under an obligation to make restoration then failure to do so will be constituted to be an intention to deprive the other of property.
MR (1/2) Dishonestly
s2 Will not be dishonest if:
1. The right to deprive in law
2. He would have the other’s consent
3. Person who’s property cannot be found by taking reasonable steps.
(R v Barton) - subjective fact finding mission as to D’s state of mind (honest or dishonest) - determined by standards of ordinary people.
MR (2/2) Intention to Permanently Deprive
s6 (DPP v Lavender)
Treating the item as his own to dispose of, regardless of the others rights.
Borrowing or lending usually are not defined as an intention to permanently deprive the owner of the property.
Conditional intent
(R v Husseyn) Instead of having a specific object in mind, the defendant intends to take anything worth stealing. This may be enough to make him or her liable for an attempted offence.
