Theft Flashcards
What is the nature of theft in English Criminal Law?
Theft is a malum prohibitum and a regulatory offence, yet it is considered one of the most serious offences deserving criminalisation.
What does theft concern?
Theft concerns interference with property rights, safeguarding and valuing personal property.
Why is theft central to the modern capitalist political-economic order?
Property is viewed as the foundation of individual liberty.
What is the definition of theft according to the Theft Act 1968, S1(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.
What are the five elements to consider in theft?
- Actus Reus 2. Mens Rea 3. Appropriation 4. Dishonesty 5. Intention to permanently deprive.
What is appropriation as defined in the Theft Act 1968, S3?
Any assumption by a person of the rights of an owner amounts to an appropriation, including later assumption of a right to it by keeping or dealing with it as owner.
Can appropriation occur with the owner’s consent?
Yes, appropriation can occur with the owner’s consent, as confirmed in various cases.
What is the significance of the case Lawrence v Metropolitan Police Commissioner [1972]?
The taxi driver charged a customer more than the value of the drive; the victim’s agreement was void for fraud.
What does the majority judgement in Hinks [2001] imply?
A transfer of title can be legal in civil law but punishable in criminal law.
How is property defined in the Theft Act 1968, S4 (1)?
Property includes money and all other property, real or personal, including things in action and other intangible property.
What are examples of things that are not considered property?
- Land (except in limited circumstances)
- Non-commercial foraging of mushrooms, flowers, fruit, and foliage
- Wild animals not reduced to possession
- Human corpses and body parts.
What does ‘property belonging to another’ mean?
Property can belong to another in terms of possession, control, or holding a right/interest in the property.
What is the definition of dishonesty in the Theft Act 1968, s. 2(1)?
D is not dishonest if they genuinely believe they have a right to appropriate the property, that the owner would have consented, or that the owner cannot be discovered.
What are the main cases that have shaped the definition of dishonesty?
- R v Freely [1973] 2. R v Ghosh [1983] 3. Ivey v Genting Casinos [2017].
What is the standard for intention to permanently deprive (IPD)?
The intention may be to treat the property as D’s to dispose of, regardless of the owner’s rights.
What is the maximum sentence for theft under the Theft Act 1968?
The maximum sentence for theft is seven years’ imprisonment.
What other offences are related to theft?
Theft is related to robbery, burglary, and fraud, among others.
What are the key points regarding theft?
Theft is the dishonest appropriation of property belonging to another with intention to permanently deprive, with broad tests for appropriation and dishonesty.
