Theft Flashcards
Under what Act is theft defined and charged?
The Theft Act 1968
S.1(1)
A person is guilty of theft if he dishonestly appropriates the property of another with the intention of permanently depriving the other of it
A person is guilty of theft if he dishonestly appropriates the property of another with the intention of permanently depriving the other of it
S.1(1)
A person is guilty of theft if he…
dishonestly appropriates the property of another with the intention of permanently depriving the other of it
S.3
appropriation is ‘any assumption by a person of the rights of an owner’
appropriation is ‘any assumption by a person of the rights of an owner’
S.3
Appropriation occurs if D assumes the right of/to…
- possession
- sell the property
- change the property in some way
- destroy or throw away
- use or fully consume
- lend the property or hire it out
- keep possession after coming by it lawfully
Morris 1983
no need to assume all of the rights of the owner- one is sufficient
no need to assume all of the rights of the owner- one is sufficient
Morris 1983
Lawrence 1972
Even if the owner consents to D taking it, it can be appropriation
Even if the owner consents to D taking it, it can be appropriation
Lawrence 1972
Pitham and Hehl 1977
Appropriation can occur by assuming the right to sell another’s goods
Appropriation can occur by assuming the right to sell another’s goods
Pitham and Hehl 1977
What happened in Gomez 1993?
- goods exchanged for worthless cheques
- Consent to appropriation was not genuine because of the deception about the value of the cheques
- goods exchanged for worthless cheques
- Consent to appropriation was not genuine because of the deception about the value of the cheques
Gomez 1993
Hinks 2000
Accepting a valid gift can be appropriation
Accepting a valid gift can be appropriation
Hinks 2000
Vinall 2011
Assumption of right of possession
Assumption of right of possession
Vinall 2011
Atakpu and Abrahams 1994
- If the appropriation takes place outside the jurisdiction of the English legal system, D cannot be charged under that law
- Must be coincidence of AR and MR
- If the appropriation takes place outside the jurisdiction of the English legal system, D cannot be charged under that law
- Must be coincidence of AR and MR
Atakpu and Abrahams 1994
Types of property under S.4(1)
- Money
- Real property (land)
- Personal property
- intangible property
What section lists the type of property that can be stolen?
S.4(1)
Real property can only be stolen if it falls within the circumstances found in what section?
S.4(2)
Real property can only be stolen if it falls within what circumstances found in S.4(2)?
- The land is held under a special capacity or relationship (trustee or executor of will)
- Someone not in possession severs anything forming part of the land
- D takes a fixture from land over which he is tenant
Kelly and Lindsay 1998
Personal property can include body parts
Personal property can include body parts
Kelly and Lindsay 1998
Oxford v Moss 1979
Confidential information does not count as property
Confidential information does not count as property
Oxford v Moss 1979
S.4(3)
‘plants growing wild’ do not count as property unless they are taken for ‘commercial purposes’
‘plants growing wild’ do not count as property unless they are taken for ‘commercial purposes’
S.4(3)
S.4(4)
- ‘A person cannot steal a wild creature not tamed’ unless it has been taken into captivity and has ‘not since been lost or abandoned’
- Tame wild creatures ‘shall be regarded as property’
- ‘A person cannot steal a wild creature not tamed’ unless it has been taken into captivity and has ‘not since been lost or abandoned’
- Tame wild creatures ‘shall be regarded as property’
S.4(4)
S.5(1)
Property belongs to another if they have ‘possession or control’ of the property or any ‘proprietary right or interest’
Property belongs to another if they have ‘possession or control’ of the property or any ‘proprietary right or interest’
S.5(1)