theft Flashcards
Introduction
Theft is “dishonestly appropriating property belonging to another with the intention of permanently depriving the the owner of it” [section 1 of the theft act]
Dishonesty
it is not dishonest if:
a) he believes he has a right to it
b) he believes the other person would let him have it
c) he believes the original could not be found
use the Barton and Booth test: was the defendant dishonest by the standards of of ordinary people
Appropriation
According to section 3, any assumption by a person of the rights of an owner, amounts as an appropriation.
Morris —> His conviction for theft was upheld as he had switched the price labels of the items, he had assumed the owners rights.
Property
Section 4 states that land can only be stolen in three particular circumstances.
Oxford V Moss —> a civil engineering undergraduate obtained a copy of his forthcoming exam paper, read its contents and returned the paper to where it was found. He was charged with theft of confidential information but was not convicted because information is not property.
Belonging to another
Section 5 states that situations in which property is handed over to the defendant on the basis they will keep it for the owner or will deal with it in a particular way. In a similar case, Sacha hall was charged with theft after helping herself to items including food that had been thrown out by a supermarket, she was charged with theft by finding and was given a 12 month conditional discharge.
Intention to permanently deprive
Section 6 states that it must be provided that the defendant had the intention permanently to deprive the other of property. Provides that this can be regarded as having the intention to treat the thing as their own.
Lavender —> the defendant took doors from a council house and used it for his own council flat. Here he was dealing with the doors as his own by moving them from one property to another.
