theft

Question 1

where can the law of theft be found?

Answer 1

s1-7 of the Theft Act 1968

Question 2

what do all the sections of the theft act say?

Answer 2

• Section 1 – definition
• Section 2 – Dishonestly
• Section 3 – Appropriates
• Section 4 – Property
• Section 5 – Belonging to another
• Section 6 – With the intention to permanently deprive the other of it

Question 3

what does section 7 of the theft act say?

Answer 3

maximum sentence for theft is 7 years imprisonment

Question 4

what does section 1 of the theft act say?

Answer 4

a person is guilty of theft if he dishonestly appropriates belonging to another with the intention to permanently deprive the other of it

Question 5

what is the actus reus of theft?

Answer 5

approprating property belonging to another

Question 6

what is the mens rea of theft?

Answer 6

dishonesty with the intention to permanently deprive the other of it

Question 7

what is section 3 of the theft act?

Answer 7

• appropriation
• a person appropriates property when he assumes the rights of a true owner

Question 8

r v morris (theft)

Answer 8

• D substituted higher price tags for lower ones on supermarket items.
• D was convicted of theft as he had ASSUMED THE RIGHTS OF THE OWNER
• only the owner has the right to change the labels.

section 3

Question 9

atakpu and abrahams

Answer 9

• D’s planned to hire expensive cars abroad (in Brussels) and bring them to England to be sold.
• it was held that the theft was not a continuing act as the appropriation occurred abroad - not guilty

section 3

Question 10

lawrence v mpc

Answer 10

• a taxi driver took £7 from the wallet of an Italian student for a fare only worth £1.
• the HOL decided that there could be an appropriation ‘ even though the owner had permitted or consented to the property being taken’.

section 3

Question 11

pitham v hehl

Answer 11

• D sold furniture belonging to another person.
• it was held to be an APPROPRIATION as they had ASSUMED THE RIGHT OF THE OWNER and were convicted.
• there was no need for the furniture to be removed – the act of trying to sell it will suffice.

section 3

Question 12

can the right to destroy be considered appropriation?

Answer 12

this is also an owner’s right and so theft if carried out by
another.

Question 13

r v hinks

Answer 13

con-woman conned vulnerable man with low IQ out of thousands of pounds and his TV - legally under civil law she was now the legal owner

Could she be guilty of appropriating her own property? – technically no…. BUT

Court held that yes she could be and she was convicted!

section 3

Question 14

what does section 4 of the theft act concern?

Answer 14

property

Question 15

section 4 (1) of the theft act

Answer 15

money and all other property, real and personal, including things in action and other intangible property.

Question 16

oxford v moss

Answer 16

• D acquired the proof of an examination paper intending to read the contents and return it.
• issue – whether the information in the exam paper amounts to property.
• it was held that it was not property as per s.4(1) therefore D was acquitted.

section 4

Question 17

sections 4(3) and 4(4) of the theft act

Answer 17

• 4(3)- Wild Flowers - ‘ Thus you can pick mushrooms and flowers growing wild- provided not done for commercial purposes’.
• 4(4)- Animals - ‘ Not theft if you capture a wild animal which has not been tamed or reduced to captivity’.

Question 18

what does section 5 of the theft act concern?

Answer 18

belonging to another

Question 19

section 5(1) of the theft act

Answer 19

possession or control or having in the property any proprietary right or interest

Question 20

r v turner

Answer 20

• D took his car in to a service station for repairs.
• when he went to pick it up he saw that the car was left outside with the key in.
• he took the car without paying for the repairs.
• it was held that D was liable for theft of his own car since the car was regarded as belonging to the service station as they were in possession and control of it.

“making off without payment” = new offence. section 5(1)

Question 21

section 5(3) of the theft act

Answer 21

holding money for a particular purpose

Question 22

davidge v bunnett

Answer 22

• D was given money by her flat mates to pay the gas bill.
• D instead used the money to by Christmas presents.
• D was held to be guilty of theft.

holding money for a particular purpose. section 5(3)

Question 23

section 5(4) of the theft act

Answer 23

receiving property by mistake

If D fails to return property to the rightful owner, D will be depriving the
owner of it.

Question 24

ag’s reference

(theft)

Answer 24

• the defendant, a police woman, received an overpayment in her wages by mistake.
• She had noticed that she had received more than she was entitled to but did not say anything to her employer. She did not withdraw any of the money from her bank account.
• CoA held: It was possible for a theft conviction to arise where the defendant had not withdrawn the money. There was a legal obligation to return the money received by mistake.

section 5(4)

Question 25

what does section 2 of the theft act concern?

Answer 25

dishonesty

Question 26

what is the basic test used for dishonesty?

Answer 26

ghosh test

Question 27

what is the ghosh test?

Answer 27

Must be satisfied of BOTH the following questions;

• would the ordinary, honest person consider it dishonest?
• did D consider it to be dishonest?

test for dishonesty, for the jury to decide

Question 28

what case changed the ghosh test?

Answer 28

r v booth

Question 29

what part only needs to be applied of the ghosh test?

Answer 29

only need to apply 1st part of the ghosh test (ordinary, honest person)

r v booth confirmed this

Question 30

secton 2(1)(a) of the theft act

Answer 30

• legal right (Holden)
• you are not to be regarded as dishonest if you appropriate property believing that you IN LAW have the right to deprive the other of it.

reasonable belief not necessary just a genuine belief required

Question 31

holden (1991)

Answer 31

• D had taken tyres from his employer claiming others had taken them with permission.
• D was not convicted as D had an honest belief in legal right.

Question 32

secton 2(1)(b) of the theft act

Answer 32

you will not be considered as dishonest if you take property believing that the other would consent to it.

Question 33

secton 2(1)(c) of the theft act

Answer 33

you will not be considered as dishonest if you take property believing that the person to whom it belongs cannot be discovered by taking reasonable steps

this helps protect the ‘finder’ of property - as in small (1988)

Question 34

r v small

Answer 34

• D saw a car for two weeks parked at an angle on a corner of a road, with the doors unlocked and keys in the ignition. One tyre was flat, as was the battery. The petrol tank was empty and the windscreen wipers did not work.
• D thought it was abandoned property and so he could take it.
• Not guilty – could not track owner through reasonable steps so was not dishonest

Question 35

ivey v genting casinos

Answer 35

The appeal was brought by top poker player Phil Ivey, who had won £7.7mil in 2012. The casino claimed Ivey was not entitled to the pay-out as he used a technique called ‘edge-sorting’, which they considered to be cheating.

Ivey stated he did not consider ‘edge-sorting’ to be cheating and
therefore, the subjective limb of Ghosh could not be fulfilled.

‘the second leg of the test in Ghosh does not correctly represent the law and
directions based upon it ought no longer to be given’

issues were whether dishonesty was an essential element of cheating

Question 36

what does section 6 of the theft act concern?

Answer 36

intention to permanently deprive the other of it

Question 37

r v velumyl

Answer 37

• appellant took money from the company’s safe and claimed that he intended to return it after the weekend.
• held: unless he intended to pay back the exact notes and coins he had the intention to permanently deprive the company of the money taken.

section 6

Question 38

dpp v lavender

Answer 38

• D removed some doors from a council property that was due for demolition. he installed the doors in his girlfriend’s flat which was also owned by the council.
• Held: he did have the intention to permanently deprive under s.6(1) as he treated the doors as his own to dispose of regardless of the owner’s rights.

section 6

Question 39

borrowing and lending under s6 of theft act

Answer 39

Borrowing is not intention to permanently deprive unless it is for a period and in circumstances making it equivalent to an outright taking or disposal.

Question 40

r v lloyd

Answer 40

• A cinema projectionist gave D a film to make an illegal copy. D then returned the film.
• The conviction for theft was quashed as there was no intention to permanently deprive and the film was returned in its original state.