Theft Flashcards
What offence is set out in s1 Theft Act?
Theft
Dishonest appropriation of property belonging to another with the intention of permanently depriving it
What is the actus reus of theft?
Appropriation of property belonging to another
Appropriation = any assumption of the owner’s rights
- Owner’s rights could include switching labels, offering for sale, damaging property
- Can appropriate even with consent of the owner (eg. theft of gifts, shopkeeper handing over goods having been paid with fraudulent cheque)
- Includes later assumption of the rights of the owner
- Does not include innocent purchasers
Property = money + real or personal property (incl. things in action, intangible property)
- Land can only be stolen in exceptional circumstances (by trustee in breach of trust; by person not in possession of the land appropriating something from it by severing; by tenant taking something fixed to land not supposed to take)
- Electricity, confidential information, wild foliage with intention to sell, wild creatures not tamed - none of these can be stolen
Belonging to another = person has possession, control, or any proprietary right or interest in the property at the point of the appropriation
- Ownership of property passes when paid for (except petrol & food)
- Can steal own property
- If have received property but are under obligation to deal with it in a particular way, that property still belongs to another
- If property genuinely abandoned, does not belong to another - but must be genuinely abandoned
- If property given by mistake & there is an obligation to restore it to the original owner, will belong to the original owner
Which of these actions will count as appropriation?
Taking something from someone
Selling a book belonging to someone else
Eating a meal in a cafe
Switching price labels
Property passing with the consent of the owner
Receipt of a gift
All of them
Will an action be an appropriation if it is done with the consent of the owner of the property?
Yes: can appropriate property even with the consent of the owner
eg. Shopkeeper supplying goods in exchange for fraudulent cheques (didn’t know where fraudulent)
–> Can also be guilty of stealing a valid gift (eg. man with limited intelligence withdrawing money for defendant every day)
Will it be appropriation if come by the property without stealing it but then later assume the rights of the owner?
Yes - s3(1) Theft Act: appropriation includes where the defendant has come by the property (innocently or not) without stealing it, but later keeps it or deals with it as an owner
eg. Borrow book from library & then decide to keep it permanently
eg. Accidentally pick up friend’s watched - when realise mistake, sell it instead of returning it
What is the rule about innocent purchasers with regards to appropriation?
s3(2) Theft Act exempts a defendant from liability where the defendant purchases goods in GOOD FAITH & for VALUe, then later discovers the seller had no title to the property, but decides to keep it
If a defendant commits multiple appropriations of the same property (eg. take car from owner’s driveway, change numberplate, register vehicle under own name, sell car to carriage) is it multiple thefts?
No - defendant can only commit theft of the property once
What is considered ‘property’?
Money
Real property (land & things attached or fixed to it)
Personal property
Things in action (eg. money in bank account)
Intangible property (eg. patent)
When can land be stolen?
Only in exceptional circumstances set out in s4(1)
- By a trustee in breach of trust
- By a person not in possession of the land if they appropriate anything forming part of the land by severing it or after it has been severed (eg. digging up rosebush from someone else’s land)
- By a tenant taking something fixed to the land that they are not supposed to take
Can electricity or confidential information be stolen?
No
(But if confidential info were eg. on a piece of paper, would be liable for theft of that paper)
Can mushrooms, flowers, fruit or foliage growing wild on land be stolen?
No - unless the person intends to sell them
Can wild creatures be stolen?
No unless the animal has been reduced into possession (eg. animal in zoo, snared wild rabbit)
What is considered ‘belonging to another’?
Having possession or control or any proprietary right or interest of the property at the moment of appropriation
Can an owner steal their own property?
Yes - because property can belong to more than one person at once
(eg. stealing own car from garage)
(eg. where property given to owner by mistake & there is a legal obligation to restore it to the original owner)
Can you steal abandoned property?
If property has been genuinely abandoned, it belongs to no one, ie. cannot be stolen
But courts will often be reluctant to find that it has been abandoned
- Just because original owner has stopped looking or has no use, does not mean it has been abandoned (eg. rubbish left out in bins not abandoned bc intend to pass property into ownership of council)
- Property could also belong to the person having possession or control of it (eg. lost bracelet in private BA lounge, where had demonstrated intention to exercise control)
If property has been given to a person for a particular purpose, can they steal that property given that they now own it?
Yes - if there is a legal obligation to retain the property & deal with it in a particular way
- eg. Money given to investors to invest in government stock, but invested in money elsewhere
- eg. Flatmates give money to pay gas bill, but use money on Xmas presents
(but not eg. travel agency receiving money to book flights & using to pay off creditors bc found were under contractual obligation to provide flights, but not under obligation to keep money separate until did so)
This includes property given by mistake
(eg. given too much money by mistake + obligation to restore, which arises from the moment discovered overpayment)
When does the obligation to make restoration of overpayment arise?
From the moment discover overpayment
When does the ownership of property pass?
When paid for
Exception: petrol - ownership passes when put in buyer’s tank
Exception: food - ownership passes when eaten
When does the ownership of food pass?
When it is eaten
When does the ownership of petrol pass?
When it is put in the buyer’s tank
If decide won’t pay BEFORE filling up, will be theft
If decide won’t pay AFTER filling up, NO theft - because petrol doesn’t belong to another at the point of forming the full MR
What is the mens rea of theft?
Dishonestly + intention to permanently deprive
Dishonesty = s2 Theft Act or Ivey v Genting
- s2: Not dishonest if D believes has a right in law to the property / would have the owner’s consent / owner cannot be found by taking reasonable steps
- Can appropriate dishonestly even if willing to pay
- Ivey: What was defendant’s knowledge & belief as to the facts? Given that knowledge & those beliefs, was the defendant dishonest by the standards of ordinary decent people?
Intention to permanently deprive = ordinary meaning (meaning the owner to permanently lose the item)
- Extended where D does not intend the owner to lose their property permanently: includes intention to treat the item as the defendant’s own to dispose of regardless of the owner’s rights - eg.
a. Selling it
b. Rendering it useless
c. Dealing with it in a manner which risks its loss
d. Borrowing or lending for period or in circumstances equivalent to outright disposal
e. Bargaining with it where the condition is one which is not easily fulfilled in near future
f. Pawning someone else’s goods
Nb. Not enough to just deal with it
When will a defendant be ‘dishonest’ for s1 Theft Act?
Clear dishonesty
s2 - May be dishonest if the defendant does NOT believe:
- Has right in law to the property
- Would have the owner’s consent
- Owner cannot be found by taking reasonable steps
(Regardless of whether willing to pay)
Ivey v Genting common law test:
1. What was the defendant’s knowledge or belief as to the facts? (subjective)
2. Given that knowledge & belief, was the defendant dishonest by the standards of ordinary decent people?
What are the three examples in s2 Theft Act where an appropriation of property belonging to another will NOT be regarded as dishonest?
(a) If defendant genuinely believes they have a right in law to deprive the other person of the property
(b) If defendant genuinely believes they would have had the owner’s consent
(c) If defendant genuinely believes that the person to whom the property belongs cannot be discovered by taking reasonable steps
If the defendant is willing to pay, can they be dishonest?
Yes - s2(2) Theft Act: a person’s appropriation of property belonging to another may be dishonest notwithstanding that they are willing to pay for the property
What is the common law test for dishonesty?
Ivey v Genting
- What was the defendant’s knowledge & belief as to the facts? (subj)
- Given that knowledge & belief, was the defendant dishonest by the standards of ordinary decent people? (obj)
What is an intention to permanently deprive?
Ordinary meaning, ie. wanting the owner permanently to lose the item
If a defendant takes money but intends to repay it, can they have an intention to permanently deprive?
Yes - must return exact same property & defendant does not intend to replace the exact same notes & coins
What is an intention to permanently deprive when the defendant does not intend for the owner to permanently lose their property?
Treating the item as the defendant’s own to dispose of regardless of the owner’s rights
Dispose = dealing with it definitely, getting rid of it, selling it, rendering it useless, treated in a manner which risked its loss
Includes:
- Selling or bargaining with the other’s property
- Rendering the property useless
- Dealing with the property in a manner which risks its loss
- Borrowing it for a period & in circumstances equivalent to an outright taking or disposal
- Pawning someone else’s goods
If appropriate another’s property as a bargaining chip (ie. give conditions for its return), can there be an intention to permanently deprive?
Yes (unless condition can be easily fulfilled & may be fulfilled in near future, in which case may not be IPD)
Can you have an intention to permanently deprive if just borrowing?
IPD when the borrowing or lending is for a period & in circumstances making it equivalent to an outright taking or disposal
–> When all the goodness, virtue & practical value has gone from the goods
What is the test for when borrowing/lending is for a period & in circumstances making it equivalent to an outright taking or disposal?
When all the goodness, virtue & practical value has gone from the goods (R v Lloyd - projectionist pirating films not IPD)
What is the meaning of ‘dispose’ in relation to an intention to treat the thing as his own to dispose of?
Dispose = dealing with it definitely, getting rid of it, selling it, rendering it useless, treated in a manner which risked its loss
Nb. Must be more than just ‘dealing with’
eg. Smashed windows of car, dragged driver out, drove off & abandoned car with lights on = no intention to permanently deprive because no intention to avoid owner getting it back
- Had not been sold
- Had not been treated in a manner which risked its loss - left with hazard lights & doors open, ie. to draw attention
What offence is s8 Theft Act?
Robbery
Theft + force used or threatened against the victim or another immediately before or at the time of the theft in order to steal
What are the three extra elements necessary for a theft to also be a robbery?
i. Defendant used force or threatened to use force against a person
- Violence not required - force need not be substantial
- Can be against the victim or another person
- Force can be directed against property
ii. Immediately before or at the time of the theft
iii. In order to steal
- Force used or threatened must be in order to steal and for no other reason
To be guilty of robbery, against whom must force be used or threatened?
Against the victim or another person or used against property
So long as immediately before or at the time of the theft, and done in order to steal
Nb. ‘Force’ doesn’t have to be substantial
What offence is set out in s9 Theft Act?
Burglary
Two separate provisions:
s9(1)(a)
s9(1)(b)
What offence is set out in s9(1)(a)?
Burglary with intent to steal / inflict GBH / cause criminal damage
What are the elements of a s9(1)(a) burglary?
Actus reus:
- Effective entry
- Into a building or part of a building
- As a trespasser
Mens rea:
- Knowledge/recklessness as to trespass
- At the time of entry, intention to commit: theft / GBH / criminal damage
What offence is set out in s9(1)(b)?
Burglary & committing or attempting to commit theft / GBH
What are the elements of a s9(1)(b) burglary?
Actus reus:
- Effective entry
- Into a building or part of a building
- As a trespasser
- AR of committing or attempting to commit theft or GBH
Mens rea:
- Knowledge or recklessness as to being a trespasser
- MR of committing or attempting to commit theft or GBH
Nb. For GBH, will be satisfied for either s18 or s20 OAPA
If a person leans through a shop window & searches through the shelves inside, but their lower body stays outside the shop, will this be considered ‘entry’ for the purposes of a s9 burglary?
Yes - entry need only be ‘effective’
If an individual pushes their fingertips through the door of a house, which is slightly ajar, will this be considered ‘entry’ for the purposes of a s9 burglary?
No - if only the fingertips are inserted, entry would not be ‘effective’
If an individual inserts a wire hanger through a letter box & hooks the keys hanging near the door, will that be considered entry for the purposes of a s9 burglary?
Maybe - if an instrument is used to commit an offence (eg. theft of keys), it may be treated as an extension of the defendant’s body
What is the definition of a ‘building’ for the purposes of a s9 burglary?
Structures of considerable size with some degree of permanence (eg. house, greenhouse, factory)
+
Inhabited vehicles or vessels (eg. houseboat, caravan - but must be inhabited!)
BUT NOT temporary structures (eg. tent, marquee)
If a defendant enters a building lawfully but who then moves to another part where they do not have authority to go, would this constitute entry into a building as a trespasser under s9?
Yes - entry can be into building or part of a building
What is meant by trespass for the purposes of s9?
Defendant enters building (or part of a building) without consent or permission
Nb. Includes where obtained permission by deceiving owner or where going beyond permission to steal
If an individual enters a supermarket intending to steal bottles of alcohol, will they be considered a trespasser under s9?
Yes - although they have permission of the shop owners to enter, this is only to browse the products on display & purchase items legally. Will have gone beyond this permission when enter in order to steal.
For both s9(1)(a) burglary & s9(1)(b) burglary, defendant must have either knowledge or recklessness as to being a trespasser - when must they have this awareness?
At the time of entry
Can be established either by admission or by evidence eg. building locked, area roped off, signs excluding entry
What is meant by recklessness as to being a trespasser?
The defendant foresees a risk that they do not have permission to enter and go on, without justification, to take that risk
What offence is set out in s10 Theft Act?
Aggravated burglary
(Burglary with a firearm / imitation firearm / weapon of choice / explosive)
What are the elements of aggravated burglary (s10 Theft Act)?
Burglary under s9(1)(a) or s9(1)(b)
+
At the time
D has a firearm, imitation firearm, weapon of offence or explosive
What is deemed a weapon under the theft act?
Firearms (imitation or real)
‘Weapon of offence’ (any article made or adapted for use for causing injury to or incapacitating a person, or intended for such use)
Explosives
What is a ‘weapon of offence’ under s10 Theft Act?
Any article made or adapted for use for causing injury to or incapacitating a person, or intended for such use
(eg. machete, broken bottle, rope, handcuffs)
For s10 aggravated burglary, the defendant must have the weapon with them ‘at the time’ of committing the burglary - when is this?
s9(1)(a) burglary: At the time of ENTRY
s9(1)(b) burglary: when the ULTERIOR OFFENCE (theft, attempted theft, GBH, attempted GBH) is committed
