Theft

Question 1

Definition

Answer 1

Section 1 Theft act 1968 “The dishonest appropriation of property belonging to another with the intention to permanently deprive”

Question 2

Stage 1 actus reus

Answer 2

Appropriation- s.3 “assuming the rights of an owner”
(Morris) any assumption is enough
(Gomez) the appropriation must be dishonest

Question 3

Stage 1 side rules

Answer 3

-If D gets property but decides to keep it (s.3(1))
-If D has consent to take the property (Lawrence)
-You appropriate property even if you receive it as a gift (Hinks)

Question 4

Stage 2 actus reus

Answer 4

Property must be stolen
S.4 Theft act 1968 only 4 types of property can be stolen
-Money
-Personal
-Intangible
-Real property

Question 5

Property that cant be stolen

Answer 5

-Knowledge (Oxford v Moss)
-wild animals and plants
-electricity

Question 6

Stage 3

Answer 6

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

Question 7

Stage 3 side rules

Answer 7

-Stealing your own property (Turner)
-Lost property (S.5(1))
-Abandoned property (Basildon)
-Money for a particular purpose (s,5(3))
-receiving money by mistake (s.5(4)) (AG’s ref)

Question 8

Stage 1 mens rea

Answer 8

Dshonesty has no legal definition , apply three negatives
s.2(1)A- D believes they have a right in law to the property
s.2(1)B- D believes owner would consent to the taking
s.2(1)C- D believes the owner cannot be discovered by taking reasonable steps
if none apply, apply dishonesty test (Ivey & Booth)
“Was the D dishonest by the standard of an honest and reasonable person”

Question 9

Stage 2 mens rea

Answer 9

Intention to permanently deprive s.6(1) “D intends to continue to treat the property as if its their own, regardless of owners rights”

Question 10

Stage 2 mens rea side rules

Answer 10

-Replace (Velumyl)
-Borrow taken the “goodness, virtue and value” (Lloyd)
-Conditional intent (Easom)