theft

Question 1

what is the act for theft

Answer 1

theft act 1968 s.1

Question 2

definition of theft

Answer 2

'’dishonestly appropriates (taking something) property belonging to another with the intention of permanently depriving the other of it”

Question 3

actus reus

Answer 3

Appropriation

of Property

Belonging to Another Person

Question 4

mens rea

Answer 4

Dishonesty

Intention to Permanently Deprive the other person of it (ITPD)

Question 5

appropriation section

Answer 5

This is defined in Section 3 Theft Act 1968

Question 6

appropriation definition

Answer 6

“Any assumption by a person of the rights of an owner”
So this is where you treat something as your own

Question 7

what does appropriation involve (5)

Answer 7

Taking something and keeping it
Selling it
Destroying or Damaging it
Modifying or Changing it
Lending it to someone else
This does NOT just involve taking something - it is where you treat something as if it is your own

Question 8

'’There is also no need to touch or handle anything to appropriate it’’

Answer 8

R v McPherson
(placed something somewhere without consent)

Question 9

6 legal rules for appropriation

Answer 9

Appropriation can be a continuing act but the jury decides when it is complete

Swapping labels in shops is appropriation

If there is no appropriation there is no theft – even if there is intention to steal

Someone who purchases stolen items without knowledge is not guilty

If the owner consents to the appropriation this will not be theft – UNLESS this consent is obtained by deception

There can be appropriation even if something is given as a gift – if there is deception

Question 10

Appropriation can be a continuing act but the jury decides when it is complete CASE

Answer 10

R v Atakpu and Abrahams (1993)
D’s hired luxury cars in Brussels and Germany with intention to bring them to UK to sell)

Question 11

Swapping labels in shops is appropriation CASE

Answer 11

R v Morris (1984)
(D changed prices on an item in a supermarket to pay a lower price)

Question 12

If there is no appropriation there is no theft – even if there is intention to steal CASE

Answer 12

Eddy v Niman 1981
(d was going to steal trolley of items from supermarket then last minute ditched them because he felt bad)

Question 13

Someone who purchases stolen items without knowledge is not guilty ACT

Answer 13

s.3(2) Theft Act 1968

Question 14

rule to come out of this (with a CASE)

Answer 14

They will not be guilty of theft – even if they become aware of the fact the items were stolen at a later date (R v Adams)

Question 15

If the owner consents to the appropriation this will not be theft – UNLESS this consent is obtained by deception CASE

Answer 15

MPC V Lawrence
(D was taxi driver, V was Italian passenger who did not understand UK currency and held his wallet out to D for payment. D took 6 times too much)

Question 16

There can be appropriation even if something is given as a gift – if there is deception
CASE

Answer 16

R v Hinks 2001
(D cared for an elderly man of limited intelligence who she persuaded to give her gifts totalling £60,000)

Question 17

what section of the theft act defines property

Answer 17

Section 4 Theft Act 1968

Question 18

what does property include (5)

Answer 18

Money
Personal Property (e.g. phone, bag etc – anything moveable)
Real Property (e.g. buildings)
Things in action (e.g. money in a bank account, debts)
Intangible Property (things that cannot be seen but can class as property)

Question 19

what are things in action (inc a case to confirm things classed as things in action)

Answer 19

These are rights over property which can only be claimed by “action” and not by taking possession
e.g. rights under contracts, insurance policies, debts
Includes cheques and overdrafts (confirmed in R v Kohn)

Question 20

things that are also included as property (6)

Answer 20

Wildflowers, flora and fauna
Wild animals
Body Parts
Confidential Information
Electricity
Corpse

Question 21

Wildflowers, flora and fauna section

Answer 21

(s.4(3) Theft Act)

Question 22

wild animals section

Answer 22

(s. 4(4) Theft Act)

Question 23

body parts case

Answer 23

(R v Kelly and Linsday)

Question 24

corpse case

Answer 24

(R v Sharpe)

Question 25

confidential information

Answer 25

(Oxford v Moss)

Question 26

electricity section

Answer 26

(s.13 Theft Act)

Question 27

belonging to another section

Answer 27

Section 5 Theft Act 1968

Question 28

what does bta section include (5)

Answer 28

Another person owning something
Another person having possession or control of something
Wide interpretation of ‘belonging to’ – includes stealing your own property in some situations
Obtaining another persons property by mistake and keeping it
Being given another persons property for a specific reason and using it for something else (under an obligation – s.5(3)) (Davidge v Bunnett)

Question 29

Wide interpretation of ‘belonging to’ – includes stealing your own property in some situations CASE

Answer 29

(R V Turner)
(D took his car to a garage to be repaired. When he returned to collect it he saw it parked outside and used his spare key to drive it away without paying)

Question 30

Obtaining another persons property by mistake and keeping it SECTION

Answer 30

(s.5(4)) (AG’s Ref)
(D was a policewoman who was given extra money in her wages (£74) because of an accounting error and did not give the money back, but also didn’t spend it)

Question 31

Being given another persons property for a specific reason and using it for something else (under an obligation)

Answer 31

(Davidge v Bunnett)
(D was given some money to pay the gas bill by her flat mates. She decided to spend the money on Christmas presents instead)

Question 32

mens rea- dishonesty
is this defined under the theft act?

Answer 32

no

Question 33

which section defines what is NOT dishonesty (not rlly specific)

Answer 33

section 2 of the theft act

Question 34

what does this state (3)

Answer 34

D has the right to deprive the owner of the property
D would have consent of the owner in the circumstances
Person who the property belongs to cannot be discovered by taking reasonable steps

Question 35

D has the right to deprive the owner of the property CASE

Answer 35

(R v Robinson 1977)

Question 36

D would have consent of the owner in the circumstances CASE

Answer 36

(R v Holden 1991)

Question 37

Person who the property belongs to cannot be discovered by taking reasonable steps CASE

Answer 37

R v Small 1988)

Question 38

Intention the Permanently Deprive (ITPD) SECTION

Answer 38

S.6 (1) Theft Act 1968

Question 39

Intention the Permanently Deprive (ITPD) definition and CASE to back this

Answer 39

treating the thing as his own to dispose of regardless of the other’s rights
R v Lavender

Question 40

legal rules (5)

Answer 40

ITPD does not include conditional intent (D will only steal if there is anything is worth stealing)

ITPD includes where D intends to sell or ransom property back to the original owner

ITPD includes an intention to replace with identical property

ITPD includes where D intends to return property but cannot be sure of it’s return

ITPD does not include an intention to just abandon property

Question 41

ITPD does not include conditional intent (D will only steal if there is anything is worth stealing) CASE

Answer 41

R v Easom 1971
(D picked up a handbag in a cinema, rifled through it, then returned it without taking anything)

Question 42

ITPD includes where D intends to sell or ransom property back to the original owner CASE

Answer 42

R v Raphael 2008
(Two D’s took V’s car, then called V and told him they would return it if V paid them £500)

Question 43

ITPD includes an intention to replace with identical property CASE

Answer 43

R v Velumyl 1989
(D was company director who took money from the company safe, saying he intended to return it after the weekend)

Question 44

ITPD includes where D intends to return property but cannot be sure of it’s return SECTION AND CASE

Answer 44

R v Fernandes 1996 & s.6(2) Theft Act 1968
(D was a banker who invested money from a client but intended to return it)

Question 45

ITPD does not include an intention to just abandon property CASE

Answer 45

R v Mitchell 2008
(D stole a car to use as a getaway car but then abandoned it a short distance down the road with the doors open and hazard lights on)