Theft Flashcards
In what statuary secion is theft found?
s1 Theft Act 1968
Definition
‘a person is guilty of theft is he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’
s3 Appropriation
Pitham and Hehl
an assumption of the rights of the owner
Morris
only one of the rights needs to be assumed
Consent to appropriation can still be appropriation
Lawrence
Gomez
Hinks
-consented to right amount of money not more
-consent not genuine
-defendant took gifts dishonestly
s3(1)
D acquires property without stealing it, but then later decided to treat the property as their own.
later assumption of the rights is still appropriation
s4 Property
s4(1)
property include money and all other real property, things in action and other intangible property
Kelly and Lindsay
body parts can amount to property if they had a medical purpose
Real property
s4(2)(a)
s4(2)(b)
s4(2)(c)
-trustee or personal representative takes land in breach of duty as trustee or personal representative.
-someone not in possession of the land severs anything forming part of it
-a tenant takes a fixture of structure from the land let to him
Oxford v Moss
s4(3)
s4(4)
-knowledge is not property
- can take wild plants unless doing it for reward sale or other commercial uses
- can take wild creatures not tamed or kept captive
s13 Electricity
can be liable for stealing electricity when its being dishonestly caused to be wasted or diverted
s5 Belonging to Another
s5(1)
‘property shall be regarded as belonging to any person having possession or control of it, or having it any propriety right or interest’
Turner No2 1971
possession/control
can be guilty of stealing your own property
R v Woodman
can still be liable for theft even if the owner did not know the property was theirs
Hibbert and McKiernan
R v Basildon M.C
-stealing lost items is still theft
-took bags outside charity shop claiming them to be abandoned but were not
not theft to take abandoned items
Webster 2006
propriety interest, an interest in property whether you are the owner or not
s5(3)
-property received under an obligation must be an obligation to deal with it in a particular way
Davidge v Bunnett
R v Hall
Klineberg and Marsden
Wain
-spent money meant for bills on christmas presents
-travel agent received deposits for clients but never organised the trips
-money should have been held in a trust
-keeps money meant to be given to charity
s5(4)
Case
-if D acquires property mistakenly they have an obligation to make restoration of the property of its proceedings of the value
-A G Reference No1 1983
s2 Dishonesty
s2(1) not regarded as dishonest of he appropriated the property in the belief that:
(a) (and cases for all three)
(b)
(c)
(a) in law the right to deprive the ther of the property- Robinson/Small
(b) owners consent to take the property- Holden
(c) owner of property cannot be discovered by taking reasonable steps- Small
s2(2)
a person’s appropriation of property belonging to another may be dishonest even if he is willing to pay for the property without the owner’s consent
Ivey v Genting Casinos
Supported by which case?
a) what was the defendants actul state o knowledge or belief of the facts; and
b) was his conduct dishonest by the standards of ordinary decent people
- Barton and Booth
s6
Intention to permanently deprive
Intent to treat property as their own
Zerei
Velumyl
Lavender
Marshall
