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Criminal > Theft > Flashcards

Theft Flashcards

1
Q

s.1 Theft Act 1968 defines theft as…

A

‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.’

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2
Q

s.3 Theft Act 1968

A

Appropriation

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3
Q

s.3(1) Theft Act 1968 defines appropriation as…

A

‘Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as an owner.’

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4
Q

Morris (1984) establishes…

A

Swapping labels to a lower price amounted to assuming a right of an owner. The right to label goods is a right of an owner.

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5
Q

Gomez (1993) establishes…

A

Approved Morris: assumption of ANY of an owner’s rights is sufficient.

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6
Q

Can appropriation occur with an owner’s consent?

A

Yes - Lawrence v MPC (1972)

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7
Q

Can a valid gift amount to an appropriation?

A

Yes - Hinks (2001)

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8
Q

Lawrence v MPC (1974) establishes…

A

Taxi-driver taking more money from V’s wallet than his journey cost. Held that the implied consent of the owner was irrelevant.

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9
Q

Hinks (2001) establishes…

A

D’s receipt of large amounts of money from V, despite it being a valid gift under civil law, was capable of being appropriated.

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10
Q

s.3(2) Theft Act 1968

A

‘Where property or a right or interest in property is or purports to be transferred of value to a person acting in good faith, no later assumption of him of rights which be believed himself to be acquiring… amount to theft of the property.’

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11
Q

s.4 Theft Act 1968

A

Property

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12
Q

s.4(1) Theft Act 1968

A

‘Property includes money and all other property, real of personal, including things in action and other intangible property.’

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13
Q

s.4(3) Theft Act 1968

A

Mushroom and wild-flower pickers do not steal unless what they pick is for reward, sale or another commercial purpose.

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14
Q

s.4(4) Theft Act 1968

A

A person cannot steal a wild creature not tamed or ordinarily kept in captivity (or the carcass of such a creature) unless it has been reduced into possession.

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15
Q

Sharpe (1857) establishes…

A

Human body parts are not property.

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16
Q

Welsh (1974) establishes…

A

Body products (URINE) intended to be held do amount to property.

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17
Q

Yearworth v North Bristol NHS Trust (2009) establishes…

A

Body products (SPERM DEPOSITS) intended to be held do amount to property.

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18
Q

Oxford v Moss (1978) establishes…

A

Confidential information does not constitute property for the purposes of theft.

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19
Q

s.5 Theft Act 1968

A

Belonging to another

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20
Q

s.5(1) Theft Act 1968

A

Property ‘belong[s] to any person having possession or control of it, or having in it any proprietary right or interest…’

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21
Q

s.5(2) Theft Act 1968

A

Trustees can steal property, even though as a matter of law the property belongs to him. Equitable rights of beneficiaries are deemed to make the property ‘belong to another’.

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22
Q

s.5(3) Theft Act 1968

A

Property will belong to another where D receives it and is under a legal obligation to deal with it in a specific way.

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23
Q

s.5(4) Theft Act 1968

A

Property belongs to another even if received by mistake, D is under a legal obligation to restore it.

24
Q

AG’s Reference (No 1 of 1983) establishes…

A

If your bank balance is credited for overtime you did not work and you fail to return it to its rightful owner, this will amount to theft.

25
Q

R v Turner (No 2) (1971) establishes…

A

A person can steal their own property: limited interests in property can be stolen (here, car garage was in possession and control of the car).

26
Q

s.2 Theft Act 1968

A

Dishonesty

27
Q

Where is dishonesty defined?

A

Ivey v Genting Casinos (2017)
Not defined under s.2 Theft Act 1968.

28
Q

s.2(1)(a) Theft Act 1968

A

D is not dishonest if he believes he has the right - in law - to deprive the other of the property.

29
Q

s.2(1)(b) Theft Act 1968

A

D is not dishonest if he believes he would have the owner’s consent for the appropriation.

30
Q

s.2(1)(c) Theft Act 1968

A

D’s appropriation is not dishonest if he believes the true owner could not be discovered by taking reasonable steps.

31
Q

s.2(2) Theft Act 1968

A

‘A person’s appropriation of property belonging to another may be dishonest [despite being] willing to pay for the property.’

32
Q

Dishonesty is a question of ____ for the ____

A

Fact
Jury

33
Q

Ivey v Genting Casinos (2017) dishonesty test:

A

(1) What was the actual state of D’s knowledge or belief as to the facts? (assessed subjectively)

(2) In the context of step 1, was D’s conduct dishonest according to the standards of ordinary decent people? (assessed objectively)

34
Q

s.6 Theft Act 1968

A

Intention to permanently deprive

35
Q

s.6(1) Theft Act 1968

A

D has intention to permanently deprive:
‘if his intention is to treat the thing as his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if… the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.’

36
Q

Borrowing: when with there be intention to permanently deprive?

A

If the borrowing is for a period or in circumstances akin to an outright taking, there will be intention to permanently deprive.

37
Q

Raphael (2008) establishes…

A

Intention to ransom constitutes intention to permanently deprive:
It was theft where D took V’s car by force and demanded payment for its return.

38
Q

Velumyl (1989) establishes…

A

There was intention to permanently deprive where employee took money from company safe, intending to return it.

As D did not intend to return the EXACT coins and notes, there was intention to permanently deprive.

39
Q

s.6(2) Theft Act 1968

A

If D pledges property as security for a loan, he is seen to intend to permanently deprive V of property.

40
Q

s.1(2) Theft Act 1968

A

It is immaterial whether appropriation is made with a view to gain is made for thief’s own benefit.

41
Q

Davidge v Bunnett (1984) establishes…

A

D was given money to pay a gas bill, so was under a legal obligation to use it for that purpose.

42
Q

Wain (1995) establishes…

A

If D is given money to give to another (i.e. a charity) there is a legal obligation to deal with money in this way.

43
Q

Low v Blease (1975) establishes…

A

Electricity is not property for the purpose of theft.

44
Q

Kelly (1998) establishes…

A

That whilst a corpse cannot be stolen (Sharpe 1857 as it does not ‘belong’ to anyone), parts of a corpse (i.e. bones) can constitute property if they have acquired different attributes by virtue of application of skill such as preservation techniques.

45
Q

Rostron (2003) established…

A

D trespassed onto golf course and took lost golf balls from lake. CA held that the balls belonged to the golf-course, as it retained possession and control over the balls.

46
Q

Williams v Phillips (1957) establishes…

A

If rubbish is left outside for a specific purpose (i.e. collection) it is the property of the householder until it is taken away.

47
Q

Woodman (1974) establishes…

A

Taking scrap metal from private land was held to be theft. CA held metal belonged to company owning the factory as by demonstrating intention to exclude people from the site, the company was in control of the land and all the property on it.

48
Q

Marshall (1998) establishes…

A

D sold part-used tube tickets. CA held that the clause on the back of the ticket stating the tube station retained ownership was sufficiently clear: London Underground retained ownership of part-used tickets.

49
Q

R (Rickets) v Basildon Magistrates’ Court (2010) establishes…

A

Taking bags from outside charity shop and other bags from bins was theft.

Court held the property had not been abandoned, it remained the property of the charity shop until collected by the waste disposal service, when it became their property.

50
Q

Barton (2020) confirms…

A

Ivey test is the correct test for dishonesty.

51
Q

DPP v Lavender (1994) establishes…

A

Court held that to ‘dispose of’ meant to ‘deal with’.

52
Q

Lloyd (1985) establishes…

A

D making illegal copies from cinema films with intention to sell the copies did not amount to an intention to permanently deprive.

D’s intention was merely to remove some of the value of the films, which was not equivalent to an outright taking.

53
Q

Mitchell (2008) establishes…

A

D’s forcible taking of V’s car and leaving it undamaged with its hazards on was not equivalent to an outright taking, as the car could be returned.

54
Q

AG’s References No 1 and 2 (1979) establish…

A

If D appropriates property with conditional intention to permanently deprive V of it, D’s conditional intention will constitute a valid intention.

55
Q

Bagshaw (1988) establishes…

A

Juries should be directed that D should only be convicted if intending to retain gas cyliners until all their ‘goodness’ was gone.

56
Q

Easom (1971), confirmed in Husseyn (1977) that…

A

Conditional intention is NOT sufficient for intention to permanently deprive.

57
Q

For intention to permanently deprive… remember…

A

There need only be INTENTION to permanently deprive (no requirement for permanent deprivation to occur in FACT).

Criminal (1 decks)

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