Theft

Question 1

Where and what is theft defined as?

Answer 1

Defined under the Theft Act 1968
Dishonestly appropriating property belonging to another, with the intention to permanently deprive

Question 2

AR of Theft

Answer 2

Appropriation - s.3
of Property - s.4
Belonging to another s.5

Question 3

Definition of Appropriation

Answer 3

Any assumption by a person of the rights of an owner amounts to an appropriation

(assumption of the rights of the owner)

Question 4

Stolen bike

(appropriation)

Answer 4

R v Vinall

Stole a bike but abandoned it nearby

To establish theft, it is essential to demonstrate that the D intended to treat the property as their own, regardless of the owners rights

Question 5

Supermarket tags case

(Appropriation)

Answer 5

R v Morris

• Switched price tags on 2 items in a supermarket and put the lower priced one in his basket

Conviction for theft was upheld as the owners rights to put a a price label on the goods was a right that had been assumed

Question 6

Consent to appropriation

Answer 6

R v Gomez

An act expressly or impliedly authorised by the owner of goods or consented to by her, could amount to an appropriation under the Theft Act 1968

Question 7

Definition of Property

Answer 7

s.4

“Property” includes money and all other property, real or personal, including things in action and other intangible property

Question 8

property - money, personal and real

Answer 8

money - coins/notes of any currency
personal - all movable items eg; books, jewellery, clothes
real - land and buildings

Question 9

R v Kelly and Lindsay
(property)

Answer 9

D’s were both convicted of theft as the essential character and value of the stolen body parts had changed

Question 10

case for other intangible property

Answer 10

Oxford v Moss

Charged with theft of confidential information after acquiring proof of an exam paper he was due to sit