Theft Flashcards
Where and what is theft defined as?
Defined under the Theft Act 1968
Dishonestly appropriating property belonging to another, with the intention to permanently deprive
AR of Theft
Appropriation - s.3
of Property - s.4
Belonging to another s.5
Definition of Appropriation
Any assumption by a person of the rights of an owner amounts to an appropriation
(assumption of the rights of the owner)
Case for appropriation of property?
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
What else does the rights of the owner include?
Right to sell the property, an assumption by assuming the right to sell property is established in R v Pitham & Hehl
What if v consents to the appropriation?
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
Definition of Property
s.4
“Property” includes money and all other property, real or personal, including things in action and other intangible property
What is meant by property?
money - coins/notes of any currency
personal - all movable items eg; books, jewellery, clothes
real - land and buildings
Case for ‘property?’
D’s were both convicted of theft as the essential character and value of the stolen body parts had changed
case for other intangible property
Oxford v Moss
Charged with theft of confidential information after acquiring proof of an exam paper he was due to sit
What is meant by ‘belonging to another’?
Person who has possession or control over the property, neither have to be lawful
R v Turner — owner can steal her property if another has possession of it
What is the test for dishonesty?
R v Barton & Booth — What was the D’s actual state of mind, knowledge, or belief as to the facts? (Subjective)
Was the defendants conduct dishonest by the standards of ordinary, decedent people?
MR of theft - honest belief of legal right
R v Robinson
Required an honest belief by the defendant that he had a legal right to take the property in question
— D honestly believes he was entitled to the money
Will not be considered dishonest if he appropriates the property in belief that; he has a legal right, to deprive the other (s.2(1)(a)
Intention to permanently deprive
D had the intention to permanently deprive the victim of their property
