Theft Flashcards
What could the D be charged with?
Theft
What section defines theft?
Section 1 theft act 1968
What’s the definition of theft?
The dishonest appropriation of property belonging to another, with the intention to permanently deprive.
What’s stage 1?
Stage 1 - Appropriation - section 3 defines appropriation as “assuming the rights of an owner”
What’s the key law and what does it say?
Key law - Morris - any assumption is enough
What does the case Gomez say?
The appropriation must be dishonest
What’s the first side rule?
If D gets the property but then decides to keep it - this is a theft
What’s the section for the first side rule?
Section 3(1)
What’s the second side rule and what does it mean?
Consent - If the D had consent to take the property - this is still an appropriation
What’s the case for the second side rule?
Lawrence
What’s the third side rule and what does it mean?
Gifts - you appropriate property even if you receive it as a gift
What’s the case for the third side rule?
Hinks
What’s stage 2?
Property must be stolen
What’s the key law?
Under section 4 theft act 1968, only four types of property can be stolen
What’s the four properties that can be stolen?
- Money
- Personal (wallets,phone,cars)
- Intangible (things that cannot be touched - stocks and shares)
- Real property (land and buildings)
What are three properties that cannot be stolen?
- Knowledge - (Oxford v Moss)
- Wild plants and animals
- Electricity
What’s stage 3?
The property must belong to another
What does section 5(1) say?
The property belongs to another if they possession or control over it, or a right or interest in it.
What’s the first side rule and what does it mean?
Stealing your own property - if someone else has a right or interest in your property, you can steal your own property.
What’s the case for the side rule - stealing your own property?
Turner
What’s the side rule - lost property mean?
The original owner still has a right or interest in it
What’s the case for lost property?
Section 5(1)
What’s the third side rule and what does it mean?
Abandoned property - The owner must have the intention to abandon property
What’s the case for the side rule - abandoned property?
Basildon
What does money for particular purpose mean and what section is used for it?
You must use the money for the purpose intended - section 5(3)
What’s the case for money for particular purpose?
Davidge v Bennett
What’s does the side rule - receiving money by mistake mean and what section is relevant?
You are under no obligation to return the money - section 5(4)
What’s the case for the receiving the money by mistake?
AG’s Ref
What’s stage 4?
Dishonesty - no legal definition of dishonesty. If D falls into any of the three negatives they are not dishonest
What’s the first negative and what section is applied?
S.2 (1) (A) - D believes they have a right in law to the property
What’s the second negative and what section is applied?
S.2 (1) (B) D believes the owner would have consented to the taking
What’s the third negative and what section is applied?
S.2 (1) (C) D believes the owner cannot be discovered by taking reasonable steps.
If the three negatives do not apply what should you apply and add the case?
You should apply the dishonesty test which is confirmed in Ivey and Booth
What is the question for the dishonesty test?
Was the D dishonest by the standards of an honest and reasonable person?
What’s stage 5 and what section is relevant?
Intention to permanently deprive - section 6(1)
What does section 6(1) mean?
The d intends to continue to treat the property as if it is their own, regardless of the owners rights
What’s the side rule - replace mean?
Even if you intended to replace the property, you still have the Iberian to permanently deprive.
What’s the case for replace?
Velumyll
What’s the second side rule and what does it mean?
Borrow - if you give the property back, but you have taken the “goodness, virtue and value” this is the intention to permanently deprive.
What’s the case for borrow?
Lloyd
What does the side rule - conditional intent mean?
If you only intent to steal if there is something worth stealing, this is not an intention to permanently deprive
What’s the case for conditional intent?
Easom
