Theft

Question 1

Relevant statute to theft

Answer 1

• Theft Act 1968

Question 2

Section 1 - Theft Act

Answer 2

• 5 Components - 3 AR, 2 MR
  1 - Appropriation (S3)
  2 - Of Property (S4)
  3 - Belonging to another (S5)
  4 - Intention to permanently deprive (S6)
  5 - Dishonesty (S2)

Question 3

Appropriation - Section 3 TA

Answer 3

• S3(1) -assuming the rights of an owner will amount to an appropriation.
  -S3(2) – an exception where no appropriation is found in the case of bona fide purchasers (where someone purchases stolen goods in good faith not knowing they were stolen, they cannot be said to have appropriated the goods from the original owner and cannot be liable for theft).

Question 4

Appropriation (S3) - Cases

Answer 4

• Wheeler (1990) - antiques dealer bought stolen medal -> bona fide purchaser.
• Broom v Crowther (1984) - suspected stolen -> not born fide purchaser
• Assuming rights of an owner - Morris [1984] - switched labels in shop, Lawrence [1975] - appropriation can happen with consent.
• Appropriation with consent - Gomez [1993] - manager authorised cheques-> Lawrence made it clear that consent or authorisation by the owner was irrelevant.
• Appropriation with full civic title - Hinks [2001] - appropriation with full civil title and they are the legal owner. Hinks befriended a 53 yr old man who she convinced to give her a number of gifts (up to 60k).

Question 5

Of Property - Section 4 TA

Answer 5

-S 4(1) - ‘Property’ includes money and all other property, real or personal, including things in action and other intangible property.
-2((4)(2)) - 2((4)(5)) - Exceptions to the definitions of property.

Question 6

S 4 TA (property)

Answer 6

• Lists what cannot be property
• S4(2) deals with a range of land law issues
• S4(2)(a) = where D is the trustee of property and disposes of that property dishonestly for her own advantage, she may commit theft
• S4(2)(b) = allows for theft of land by D who severs part of that land, as long as D does not possess rights of ownership
• S4(2)(c ) = theft of land by a tenant who appropriates a fixture or structure from the land.
• S4(3) plants growing wild UNLESS intention at the time of picking is for commercial reasons (i.e. to sell)
• Although D may pick ‘flowers, fruit or foliage’, if D takes or digs up the whole plant, that will still amount to property and may be theft.
• S4(4) wild animals UNLESS the animal has been tamed.- Blades v Higgs (1865) - an animal that has been trapped or killed becomes the property of the person who did this.

Question 7

Property - Common Law

Answer 7

IS
- Gas - White (1853)
- Water if in a container - Ferens v O’Brian (1883)

ISN’T
- Electricity – Low v Blease [1975]
- Confidential information – Oxford v Moss (1978)
- Services - Boulton (1849)
- Body parts - Kelly [1998]

Question 8

Belonging to another - Section 5 TA

Answer 8

-S5(1) - Property shall be regarded as belonging to any person having possession or control of it or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).
- possession or control - Rostron [2003] - found on the land, Smith (Michael Andrew) [2011] - belonging doesn’t have to be lawful.
- Proprietary interest - Marshall [1998] - tickets.
- Abandonment - belongs to the land owner - Rostron [2003].

Question 9

Special cases of belonging

Answer 9

• s5(2) – where property under a trust, those entitled to enforce the trust should be treated as the owner.
• s5(3) – property received from or on account of another - Clowes (No 2) [1994]
• S5(4) – Where D received property by mistake and is under and obligation to return it or tis value. - Attorney-General’s Reference (No 1 of 1983) [1985]
• S5(5) - a legal person (a corporation) can own property. Therefore, if directors of a company dishonestly appropriate company property, for example, they are taking the property of another (the company)

Question 10

Intention to permanantly deprive - Section 6 TA

Answer 10

• at the time of appropriation
• Dishonest borrowing isn’t theft - Lloyd [1985]
• Returning goods in different state - DPP v J [2002]
• Risking V’s property - Fernadnes [1996]
• Intention to return similar goods - Velumyl [1989]
• Selling them back to V - Raphael [2008]
• Conditional intention - Easom [1971].

Question 11

Dishonesty - Section 2 TA

Answer 11

-S2(1)(a): D believes he (or another) as a right to the property - Skivington [1968]
- S2(1)(b): D believes V would have consented.
-S2(1)(c): believes that the owner of the property could not be found with reasonable steps. - Sylvester (1985).

Question 12

Dishonesty - Common Law

Answer 12

• Ghosh [1982] - qualified Feely test. Questions for the jury to ask when determining dishonesty:
  1. Was what was done dishonest according to the ordinary standards of reasonable and honest people? (OBJECTIVE)
  2. Did D realise that reasonable and honest people would regard what he did was dishonest? (SUBJECTIVE)
• Ivey v Genting Casinos [2017] - new objective test.
  1. What was the actual state of D’s knowledge or belief as to the facts?
  2. Was D’s actions dishonest by the standards of ordinary decent people?