THEFT Flashcards
what is the definition of theft?
s.1 Theft Act 1968 - “The dishonest appropriation of property belonging to another, with the intention to permanently deprive”.
what is stage 1 of theft? with case references
1) Appropriation - s.3 defined appropriation as “assuming the rights of an owner”.
• MORRIS - Any assumption is enough and any interference with the owners rights is enough.
•GOMEZ - The appropriation must be dishonest.
what are the side rules for stage 1 of theft?
SIDE RULES
• If D gets property but then decides to keep it, this is a theft - s.3(1).
• If the D had consent to take the property, this is still an appropriation - LAWRENCE.
• You appropriate property even if you receive it as a gift - HINKS.
what is stage 2 of theft?
Under s.4 Theft Act 1968, only four types of property can be stolen:
✅ Money
✅Personal (wallet/phone/car)
✅Intangible (things you cannot touch - e.g. stocks and shares)
✅Real property (land and buildings)
what is property that can’t be stolen?
- Knowledge - OXFORD v MOSS
- Wild animals
- Electricity
what is stage 3 of theft?
3) The property must belong to another.
s.5(1) - Property belongs to another if they have possession or control over it, or a right or interest in it.
what are the side rules of stage 3 of theft?
• TURNER - Stealing your own property - If someone else has a right or interest in your property, you can steal your own property.
• BASILDON - Abandoned property - The owner must have an intention to abandon property.
• s.5(1) - Lost property - The original owner still has a right and interest in it.
• DAVIDGE v BENNETT - s.5(3) - You must use the money for the purpose intended.
• AG’s REF - s.5(4) - Receiving money by mistake - You are under obligation to return the money.
what is stage 4 of theft?
(mens rea)
4) Dishonesty - No legal definition of dishonesty. If the D falls into any of the “three negatives” they are NOT dishonest.
what are the 3 negatives?
s.2(1)(A) - D believes they have a right in law to the property.
s.2(1)(B) - D believes the owner would have consented to the taking.
s.2(1)(C) - D believes the owner cannot be discovered by taking reasonable steps.
if the 3 negatives don’t apply what do you do?
Dishonesty Test
• IVEY & BOOTH
“Was the D dishonest by the standard of an honest and reasonable person?”
what is stage 5?
5) Intention to permanently deprive - s.6(1) - “The D intends to continue to treat the property as if it is their own, regardless of the owners rights”.
what are the SIDE RULES of stage 5?
SIDE RULES:
• Replace - Even if you intended to replace the stolen property, you still have the intention to permanently deprive - VELUMYL.
• Borrow - If you give the property back, but you have taken the “goodness, value and virtue”, this is the intention to permanently deprive - LLOYD.
• Conditional Intent - If you only intend to steal if there is something worth stealing, this is not an intention to permanently deprive - EASOM.
