Theft

Question 1

Theft act 1968 definition of theft

Answer 1

S1 “a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”

Question 2

Appropriation definition

Answer 2

S3(1) “any assumption by a person of the rights of an owner… any later assumption of a right by keeping or dealing with it as owner”

Question 3

Cases for appropriation

Answer 3

Vinall - abandoning is appropriation
Pitham and Hehl - selling
Morris - assumption of one right is enough
DPP v Lavender - dealing with

Question 4

Consenting to appropriation

Answer 4

Lawrence - theft despite opening wallet for thief
Gomez - consent could still amount to appropriation
Hinks - gifts can be theft

Question 5

Continuing act appropriation

Answer 5

Atakpu v Abrahams - later assumption of right / continuing act as original appropriation was outside UK jurisdiction

Question 6

Types of property

Answer 6

S4(1) - money
real property - s4(2) severed from land
personal property - body parts (Kelly v Lindsay), blood (Rothery), urine (Welsh)
things in action
intangible property - confidential information cannot be stolen but the paper can (Oxford v Moss)

Question 7

Things which can and can’t be stolen

Answer 7

Land❌
cultivated plants✅
foraged goods for charity or personal use (not commercial) ❌

Question 8

Belonging to another

Answer 8

S5(1) “possession or control”
Turner - stole own car, was guilty
Woodman - stole something they didn’t know they had, was guilty
Basildon Magistrates Court - items for charity

Question 9

Proprietary interest

Answer 9

Webster - ministry of defence has proprietary interest in second medal. Legally enforceable right.

Question 10

Property received under obligation

Answer 10

Hall - had no obligation to deal in a particular way
Klineberg - had obligation to keep money safe for customers
Davidge v Bunett - domestic situation where D did not deal with property correctly

Question 11

Property received by mistake

Answer 11

AGR 1985 - did not use money, but convicted of theft as she had an obligation to return it
Gilks - no obligation for illegal transaction

Question 12

Is motive relevant?

Answer 12

S1(2) “it is immaterial whether the appropriation is made with a view to gain, or for the thief’s own benefit”

Question 13

Behaviour that is not dishonest

Answer 13

Genuinely held, potentially unreasonable (Small), belief that
2(1) a. He or she has the right in law to deprive the other of it, on behalf of the self or another (Holden, Robinson)
b. He or she would have the others consent if the other knew of the appropriation and the circumstances of it
c. The person to whom the property belongs cannot be discovered by taking reasonable steps

Question 14

What if you’re willing to pay?

Answer 14

S2(2) “a persons appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property”

Question 15

Ivey test confirmed in Barton and Booth

Answer 15

1. What was the defendants actual state of knowledge or belief to the facts (subjective)
2. Was his conduct dishonest by the standard of ordinary decent people? (Objectively if you had that view)

Question 16

Intention to permanently deprive cases

Answer 16

Velumyl - could not replace exact bank notes
DPP v Lavender - dealing with property as own equated to intention to permanently deprive

Question 17

Borrowing

Answer 17

Lloyd - borrowing is not theft until “the goodness, the virtue, the practical value… have gone out of the article”

Question 18

Conditional intent

Answer 18

Easom - didn’t intend to deprive so not guilty, however would now be considered conditional intent.

Question 19

Disposal and intent to perm deprive

Answer 19

Has to be an intention at the time - smith briefcases