Theft

Question 1

What is the definition of Theft?

Answer 1

Under s.1 of the Theft Act 1968- “dishonest appropriation of property belonging to another with the intention to permanently deprive.”

Question 2

What is stage one of Theft (+ the cases & side rules )?

Answer 2

Stage one- “Appropriation”(s.3), which means assuming the owners rights.
Morris- Any interference is enough
Gomez- Only a theft if dishonest

Side rule 1- Consent (Lawrence), still can be appropriation
Side rule 2- Gifts (Hinks), still can be appropriation

Question 3

What is stage two of Theft (+ cases)?

Answer 3

Stage two- “Property” (s.4), referring to money, personal, intangible & real.

Question 4

What is stage three of Theft (+ cases & 5 side rules)?

Answer 4

Stage three- “Belonging to another”(s.5), property belongs to another if they have possession or control over it or a right or interest in it.

Side rule 1- You can steal your own property (Turner)
Side rule 2- Lost property can be stolen
Side rule 3- You can’t steal abandoned property (Basildon)
Side rule 4- Must use money you’re given for the purpose it was given for (Davidge v Bennet)
Side rule 5- Must return property if given to you by mistake (Attorney Generals reference)

Question 5

What is stage four (MR) of Theft?

Answer 5

Stage four- “Dishonesty”(s.2), three negatives of passed D is not dishonest: >D believes they have a right in law to property
>D believes owner would consent them taking property
>D believes owner can’t be discovered by taking reasonable steps

+ Dishonesty test- Was the D to the standard of an ordinary, honest & reasonable person? (Confirmed in Ivey & Booth)

Question 6

What is stage five (MR) of theft (+ side rules)?

Answer 6

Stage five- “Intention to permanently deprive” (s.6 (1)). D intends to treat item as if it was his own, regardless of owners rights.

Side rule 1- Taking money, then intending to replace is theft (Velumyl)

Side rule 2- Borrowing property can
be theft if it affects the value (Lloyd)