Theft

Question 1

s.1 Theft Act 1968

Answer 1

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

Question 2

Appropriation

Answer 2

S.3(1) Any assumption by a person of the rights of an owner

Question 3

R v Pitman and Hehl

Answer 3

Includes selling property not in D’s possession

Question 4

R v Morris

Answer 4

There does not have to be an assumption of all the rights of the owner, the assumption of any of the rights will suffice ( here was swapping price labels)

Question 5

Atakpu and abrahams

Answer 5

appropriation cannot be continuous - must exist in one specific moment in time

Question 6

Eddy v niman

Answer 6

If D has intention to steal but doesnt actually approriate, not theft

Question 7

V consents to appropriation

Answer 7

R v Lawrence: still be appropriation if V consents
R v Gomez: Consent received through deception is not real
R v Hinks: Includes receiving a gift

Question 8

Property

Answer 8

s.4(1) says “property includes money and all other property, real and personal, including things in action and other intangible property”

Question 9

Property

Answer 9

Real (land and buildings)
Personal (moveable items that can be stolen)
In action (debts/cheques Kohn)
Intangible (export quota AG for Hong kong v chan nai-keung)

Question 10

Not property

Answer 10

Wild mushrooms, fungus, plants, shrubs,fruits,flowers (s.4(3))
Wild animals and carcasses (unless tamed s.4(4))
Land and interests in land (s.4(2))
Corpses and body parts (r v sharpe)
Unless body then for skill and art can be stolen (kelly and lindsay)
Bodily fluids can be (R v welsh)
Electricity (low v blease)
Information (oxford v moss)

Question 11

Belonging to another

Answer 11

s.5(1) theft act ‘property shall be regarded as belonging to any person having possession or control if it, or having in it any proprietary right or interest’

Question 12

R v Turner

Answer 12

You can steal your own property if you do not at the point of appropriation have the legal right to it or do not have possession or control of it

Question 13

s.5(3)

Answer 13

Property received under an obligation to use it in a certain way will be seen as belonging to another unless it is used for that exact purpose (davidge v bunnett)

Question 14

s.5(4)

Answer 14

Property received by the mistake of another still belongs to another (AG’s ref 1 of 1983)

Question 15

R v Dyke & Munro

Answer 15

Money for charity belongs to the charity as soon as it is collected

Question 16

Ownerless, lost and abandoned property will still belong to the original owner

Answer 16

Williams v phillips - rubbish belongs to homeowner then passes to council
R v rostron - golf balls abandoned by golf club on their land still belonged to club

Question 17

Proprietary interests

Answer 17

s.5(2) States property held in trust for another belongs to the person who the trust is held for
Includes partly used underground tickets R v marshall
Includes army medals sent in error, MOD - r v webster

Question 18

ITPD

Answer 18

s.6 theft act says includes if D’s “intention is to treat the thing as his own to dispose of regardless of the others rights” r v lavender

Question 19

Marshall

Answer 19

includes borrowing for such a long time it amounts to taking or if returning in a state its worthless - underground tickets

Question 20

DPP v J and others

Answer 20

Includes borrowing and returning broken

Question 21

R v lloyd

Answer 21

Includes intending to return but devaluing, must lose all practical value

Question 22

R v eason

Answer 22

Includes conditional intent (steal if worth stealing)

Question 23

R v raphael

Answer 23

Includes intention to sell or ransom property back to owner

Question 24

R v velumyl

Answer 24

Includes an intention to replace with identical property

Question 25

R v mitchell

Answer 25

Includes intention to abandon property

Question 26

Dishonesty

Answer 26

Up to jury to decide
s.2 theft avt does not define but states that D is not dishonest if:
S.2(1)(a) D has right in law to deprive the other of it (R v holden)
s.2(1)(b) D would have V’s consent if V knew about it (boggeln v williams)