Theft

Question 1

Where is theft contained?

Answer 1

In S1 of the Theft Act 1968.

Question 2

How is theft defined?

Answer 2

“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 3

What sections set out the AR and MR of the offence?

Answer 3

The AR is:
SEC 3 - Appropriates
SEC 4 - Property
SEC 5 - Belonging to another.
The MR is:
SEC 2 -
SEC 6 -

Question 4

How is appropriation defined? Develop it. (SEC3)

Answer 4

“Any assumption by a person of the rights of an owner”.
Rights of an owner include: selling property, destroying it, using it etc..

Question 5

What must happen for an appropriation to occur? (SEC3)

Answer 5

The thief must assumes one of the owners’ rights and treats the goods as their own.

Question 6

What happened in the case of R v Pitham and Hehl (1977)? (SEC3)

Answer 6

In this case the D offered to sell a friends furniture whilst the friend was in prison. Regardless of whether the furniture was sold, the D assumed the owners rights by offering to sell items that didn’t belong to the D. This amounts to theft.

Question 7

Does there have to be an assumption of all the owners rights? Name a case. (SEC3)

Answer 7

The D only has to appropriate 1of the owners’ rights.
In R v Morris (1983), the D switched prices inside a shop so he was spending less on a product. He was arrested before he could purchase the product but was still convicted of theft as he had assumed the owners’ right to put a price label on goods.

Question 8

Can appropriation still occur with consent, name a case. (SEC3)

Answer 8

Yes appropriation can still occur when there is an element of consent.
In R v Lawrence (1972) a foreign student who knew little English handed his wallet to a taxi driver so he could take out the correct amount for the fare. The driver took more than necessary which amounted to appropriation. The D appealed on grounds of consent but this was rejected.

Question 9

How is property defined?(SEC4)

Answer 9

Property includes money and all property, real or personal including things in action and other intangible property.

Question 10

Further develop:
1.”Things in action”
2.”Other intangible property”
SEC4

Answer 10

1. Only enforceable by the courts. E.G. cheques + bank accounts
2. E.g. copyright or patents.

Question 11

What are the 5 types of items included in the definition of property? (SEC4)

Answer 11

1. Money
2. Real property (e.g. land + buildings)
3. Personal property (e.g. cars + clothes)
4. Things in action
5. Other intangible property.