Theft Flashcards
What does s1(1) of the Theft Act 1968 define theft as?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
What are the 3 elements to the actus reus of theft?
s3- appropriation
s4- property
s5- belonging to another
What are the 2 elements to the mens rea of theft?
s2- dishonesty
s6- intention to permanently deprive
What is the definition of appropriation?
s3(1)- any assumption by a person of the rights of an owner.
What are some examples of appropriation?
-Taking property
-Destroying property
-Selling property
-Lending out property
-Moving property
What is the legal principle of R v Morris?
It is enough that the defendant has assumed any one right of an owner (i.e only one right must be assumed).
What was the legal principle from R v Pitham and Hehl?
Property doesn’t need to be removed to have been apporpriated
Which case showed that there can still be appropriation even if V agrees to D taking his property?
Lawrence v MPC- even though the victim consented, there was still appropriation as the V’s consent was likely not genuine.
Can accepting the property as a gift be appropriation?
R v Hinks- even accepting a valid gift can sometimes amount to an appropriation. Here, D was still acting dishonestly by abusing her position.
What else does s3(1) say about appropriation?
Appropriation also covers situations where D has come by the property innocently and only assumes the right of an owner later by keeping or dealing with it.
What are the 5 types of property?
s4(1):
-Money (coins and notes)
-Real property (land)
-Personal property (everything tangible except money and land)
-Things in action (money in a bank account, stocks, shares)
-Other intangible property (copyright, protected works)
What does s4(2) of the Theft Act 1968 say?
Although real property is property, it can only be stolen in one of three ways. The exceptions are:
-Someone who severs anything considered part of the land from the land
-A tenant takes a fixture or structure from the land let to him
-Someone legally entrusted to look after the land abuses this power
What does R v Welsh say amounts to property that can be stolen?
Bodily fluids are property and can be stolen if in another’s possession.
What is the exception to the rule that a corpse and body parts are not property?
R v Kelly and Lindsay- body parts may become property if they acquire value (i.e. were being used for educational or artistic purposes).
What did Oxford v Moss say cannot be stolen?
Information/ knowledge.