theft

Question 1

What is the definition of theft?

Answer 1

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

Question 2

Which section and Act is theft defined in?

Answer 2

Theft is defined in S.1 of the Theft Act 1968.

Question 3

What is the actus reus of theft?

Answer 3

To ‘appropriate property belonging to another’.

Question 4

Which section deals with appropriation and what is appropriation?

Answer 4

S.3 deals with appropriation.
S.3 (1) states ‘any assumption by a person of the rights of an owner amounts to appropriation, including where he has come by the property innocently a later assumption of a right’.

Question 5

How is appropriation satisfied?

Answer 5

There must be an assumption of at least 1 of the owner’s rights.

Question 6

Case law examples of assuming an owner’s rights?

Answer 6

• R v Vinall
• R v Pitham and Hehl (appropriation by assuming the right to sell)
• R v Morris (appropriation by switching price labels)

Question 7

Are there any other ways for appropriation to take place?

Answer 7

1. When there is consent from the owner, provided they have been deceived in some way.
2. When there is acceptance of a gifts. This depends on whether ‘ordinary and decent people would see the act of accepting the gift as dishonest’.
3. Where the defendant acquires property without stealing it but later decides to keep it or deals with it as owner.
4. Where appropriation occurs at a particular time and isn’t a continuing act.

Question 8

Which section deals with property and what is property?

Answer 8

S.4 deals with property.
S.4(1) states that ‘property includes money and all other property, real or personal, including things in action and other tangible property’.

Question 8

Are there any case laws?

Answer 8

1. Lawrence v Metropolitan Police Commissioner (consent from owner).
2. R v Hinks (acceptance of gift).

3.

4. R v Atakpu and Abrahams (not continuing).

Question 9

What does the definition mean?

Answer 9

For theft, the defendant must have appropriated property:

1. Money includes notes and coins in any currency.
2. Real property includes lands and things fixed to land under S.4(1).
3. Personal property includes all moveable items as well as dead bodies and body parts (if altered for scientific or medical examination).
4. Things in action means anything that can be enforced against another person by legal action such as cheques.
5. Intangible property means property with no physical existence.

Question 10

Which case law demonstrates personal property?

Answer 10

Kelly and Lindsay.

Question 11

What is not included as intangible property? Give case example.

Answer 11

• Knowledge/information isn’t included as in Oxford v Moss.
• Electricity isn’t either.

Question 12

What are the 2 things that aren’t classed as property that can be stolen under the purposes of theft?

Answer 12

i. Wild plants unless for sale.
ii. Wild animals unless reduced for their possession.

Question 13

Which section and what does it suggest about wild plants not being classed as property that can be stolen?

Answer 13

S.4(3) states ‘a person who picks mushrooms, flowers, fruit or foliage growing wild, is not stealing unless he does it for commercial reward’.

Question 14

Which section and what does it suggest about wild animals not being classed as property that can be stolen?

Answer 14

S.4(4) states that you cannot be convicted of stealing a wild animal. It can only be if the animal is tamed or in captivity because you have reduced it for your possession.

Question 15

Which section defines belonging to another and what is belonging to another?

Answer 15

S.5 says that property must ‘belong to another’.
It defines that ‘property shall be regarded as belonging to any person having possession or control of it or having it in any proprietary right or interest’.

Question 16

What are the 3 ways of being found guilty of property belonging to another.

Answer 16

1. Stealing your own property where another person has possession or control of it.
2. Where you aren’t aware of the property being there.
3. Where someone has a proprietary interest even if the defendant owns and is in control of the property.

Question 17

What are the case laws for each situation of being found guilty?

Answer 17

1. R v Turner (stealing own property)
2. R v Woodman (not knowing)
3. R v Webster (proprietary interest if d owns/control property

Question 18

What are the 3 situations where a defendant is acting dishonestly and causes a loss to another or has made a gain?

Answer 18

1. S.5(2) covers where property is held by a trustee on behalf of another who can be liable for theft of trust property.
2. S.5(3) covers where someone acquires property under an obligation.
3. S.5(4) covers where money or property is received by mistake and are obliged to make restoration.

Question 19

What does S.5(3) specify, in regards to acting dishonestly?

Answer 19

It makes it clear that where property has been given to the defendant to deal with it in a particular way and it isn’t done, it can be theft. This is because the property is regarded as belonging to the giver as in Davidge v Bunnett.

Question 20

What does S.5(4) specify, in regards to acting dishonestly?

Answer 20

The money or property is regarded as belonging to the person entitled to restoration. The person will only be guilty if they’re aware of the mistake, is dishonest and has intent to permanently deprive as in A-G’s Reference No.1 of 1983.

Question 21

Can lost property still be stolen?

Answer 21

Lost property can be stolen as it still belongs to another as someone still has a proprietary right or interest in it.

Question 22

What does the case of R v Rostron show?

Answer 22

Abandoned property cannot be stolen.

Question 23

What is the mens rea of theft?

Answer 23

The mens rea is that the appropriation of the property must be done ‘dishonestly’ and have the ‘intention of permanently depriving the other person of it’.

Question 24

What is the definition of ‘dishonestly’?

Answer 24

The Theft Act 1968 doesn’t provide a definition of ‘dishonestly’.

Question 25

What section and Act gives 3 instances in which behaviours are not regarded as dishonest based on the defendant’s genuine belief?

Answer 25

S.2(1).

Question 26

What are the 3 instances and the sections of the Theft Act 1968? And what if one of the situations apply, what does that mean for the defendant?

Answer 26

1. Where the defendant believes he had a legal right to appropriate the property (S.2(1)(a)).
2. Where the defendant believes he had the consent of the owner (S.2(1)(b)).
3. Where the defendant couldn’t locate the owner by taking reasonable steps (S.2(1)(c)).

Therefore, there is no theft.

Question 27

What are the case laws for these instances?

Answer 27

1. R v Robinson (legal right).

2.

3. R v Small (no location of owner).

Question 28

What happens if the situations of behaviours not regarded as dishonest, do not apply?

Answer 28

The dishonesty test (Ivey Test) is used.

Question 29

Which case sets out the Ivey Test?

Answer 29

The case of Ivey v Genting Casinos.
It replaces the Ghost Test (R v Ghosh).

Question 30

What are the 2 parts that asks for the Ivey Test?

Answer 30

1. What was the defendant’s actual state of knowledge or belief as to the facts?
2. Was his conduct dishonest by the standards of ordinary decent people?

Question 31

Which section deals with the ‘intention to permanently deprive’ and what does it mean to do?

Answer 31

S.6 deals with the ‘intention to permanently deprive’.
It can apply by appropriating property and not intending to give it back, taking an item and selling it to another or taking money and spending it.

Question 32

Which case demonstrates the meaning of S.6.

Answer 32

R v Velumyl.

Question 33

What does DPP v Lavender illustrate?

Answer 33

It illustrates another way where the defendant intends to permanently lose property but intends to ‘treat the thing as his own to dispose of regardless of the other’s rights’ ((S.6(1) of the Theft Act 1968).

Question 34

What does R v Lloyd show?

Answer 34

Borrowing property and keeping it, would not amount to intention to permanently deprive until ‘all of its goodness or the virtue has gone’.

Question 35

What does R v Easom show?

Answer 35

A conditional intent to deprive is not enough for theft.

Question 36

How many elements is the AR and MR made up of?

Answer 36

The AR is made up of 3 elements.
The MR is made up of 2 elements.