Theft Flashcards
What type of offence is theft?
triable either way
what is the maximum sentence fir theft
7 years imprisonmemt
What section is the Theft Act 1968 defined under?
s1(1)
Define theft
a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
A person has to actually get away with the property to be considered as theft - T/F?
FALSE - don’t have to get away with property to be charged
What section is appropiation defined under
s3(1)
what section is property defined under
s4(1)
What section is dishonesty defined under
s2(1)
What does s5(1) provide?
property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest
What section is belonging to another under?
s5(1)
What is under s6(1)?
intention of permanently depriving the other of it
What is under s2(1)
Dishonesty
what is under s4(1)
property
what is under s3(1)
appropriation
In what order shall each step be written in? (1-5)
- appropriation
- property
- belonging to another
- dishonesty
- intention of permanently depriving the other of it
What does it mean to assume the rights of the owner?
taking over the possession
(appropriation) R v Morris legal principle?
only one right needs to be assumed for appropriation to occur
when does appropriation occur
when D assumes the right of the owner dishonestly
Appropriation can take place even though the V _____
consents
2 other ways appropriation can occur (apart from assuming right of owner dishonestly)
- Even if V consents
- Acquires property in the form of a gift
Expand on the case of R v Hinks - why was it appropriation if it was acquired as a gift?
The gift of £60,000 & TV set was appropriated by being dishonestly accepted, older man of limited intelligence taken advantage of/manipulated
Define property
money and all other property, real or personal, including things in action and other tangible property
What does Property not include? What case shows this?
does not include confidential information (e.g knowledge) (Oxford v Moss)
Why could appropriation still occur in Lawrence v MPC even though V consented?
because they were deceived of having their money stolen - spoke very little English - D took more money than he should’ve - therefore even tho V consented, the appropriation was dishonest
What cases shows that appropriation can take place even though the V consents
Lawrence v MPC
R v Gomez
Expand on the case of Oxford v Moss
D was found not guilty as the confidential info of the exam papers he acquired did not amount to intangible property, you cannot be liable for theft for knowledge
How may D have been liable in Oxford v Moss?
if he photocopied/printed the question and used that to cheat
what does s4(2) say about stealing land?
a person cannot steal land or things forming part of land and severed from it by him or by his directors
s4(1) says land can be stolen, but s4(2) says land can only be stolen under ____ ______ - what sections?
under certain circumstances: (a), (b), (c)
s4(2)(a): when he is a ____ in breach __ _______
trustee
of confidence
s4(2)(b): someone not in ______ appropriates by _____ it or appropriating something ______ severed
possession
severing
previously
s4(2)(b) examples of things that can be theft if severed?
- dig up turves from someone’s lawn
- dismantle wall + take bricks
s4(2)(c): When a person in possession of _____ under a _____ takes or removes any ____ provided to be ____ with the land.”
property
tenancy
fixture
used
What can not be stolen from land under s4(3)?
mushrooms and plants growing wild
when can it become theft if someone takes wild plants off land?
unless its for “reward or sale of other commercial purpose”
what does s4(4) say about wild creatures ?
wild creatures cannot be stolen unless they’ve been tamed/kept in captivity
list all types of property
TANGIBLE: Money. real/personal property
INTANGIBLE: Things in action, intangible property
Define appropriation
any assumption by a person of the rights of an owner amounts to an appropriation
What does R v Turner (No.2) include the possibility of
Includes the possibility of steeling property that is your own
Expand on the case of R v Turner (No.2)
Garage were in possession of D’s car at the time so they had proprietary interest
s5(3): If property has been ____, property under an ______ ___ deal with it in a _____ ____, but the person instead uses it for his ____ ____, he will be guilty for theft
received
obligation to
particular way
own purposes
s5(3) : What happened in R v Hall
D was found not guilty because he wasnt told he was under an obligation to deal with the deposits in a particular way
What does s5(4) provide if property is obtained by mistake ?
“he is under an obligation to restore the property to its rightful owner, if he fails to do this, he will be classed as intending to deprive the other of it”
key case for property recieved by mistake
A-G Ref No1 of 1983
Expand the main facts of A-G Ref No1 of 1983
D received an overpayment of wages, she recognised it and didn’t withdraw any of it, but she didn’t return the money so she was convicted of theft
What is the actus reus in theft ?
Appropriation + Property + Belonging to another
What are the three examples that show when D will not be acting dishonestly sectioned under?
s2(1)(a): belief that he has a right in law to deprive the owner of it
s2(1)(b): takes property believing the owner would consent if he knew
s2(1)(c): appropriates property belonging to another believing that the person to whom it belongs to cannot be discovered by taking reasonable steps
s2(1)(?): if D has the belief that he has in ___ the right to ___ ___ ___ of it, on behalf of ___ or of a third person
a
law
deprive the other
himself
Key case and main facts for s2(1)(a)?
R v Robinson
D was owed £7 by V’s wife. V’s husband dropped £5 and D kept it - not guilty - had honest belief he was entitled to the money
s2(1)(?): If D takes property believing the ___ would ___ to it if he ___
b
owner
consent
knew
key case and main facts for s2(1)(b)
R v Holden
D claimed other people had taken there without permission when he was charged with theft for doing the same. - Not guilty
s2(1)(?): If D ____ property belonging to ____ believing that the person to whom it belongs ___ be ____ by taking ___ steps
c
appropriates
another
cannot
discovered
reasonable
key case + main facts for s2(1)(c)
R v Small
D took a car he believed to be abandoned as it had been left for 2 weeks in the same place - not guilty - question to consider was whether D had honest belief that owner couldn’t be found
what is under s2(2)?
even if the D is willing to pay/leaves money for the property, it is STILL dishonest
what happens is no sections under dishonesty apply?
the courts must apply the common law test from the case of R v Ghosh
What did CoA confirm in the case of R v Barton & Booth (2020) (dishonesty)
R v Barton & Booth 2020
CoA confirmed the test for dishonesty is purely an objective one.
What to apply from R v Barton & Booth is no sections apply under dishonesty
Whether a reasonable honest person (member of public) would consider D’s act dishonest
(if they take/use property without permission)
Examples of when taking property is NOT dishonest
(SECTION) has not been proven
Genuinely Believing You Have a Right to Take the Property (e.g believing it’s for a gift)
The Property Looks Abandoned
Mistakenly Taking Property, Believing It’s Your Own
Taking Property for Safe-Keeping (and CLEAR intention to return)
s6(1) TA 1968 provides that D will have the intention to permanently deprive the other if “his intention is to ___ the thing as ___ ___ or to ___ of _____ of the ____ rights
treat
his own
dispose
regardless
other’s
What is another way of borrowing property can be classed as intention to permanently deprive the owner?
If D borrows property for a period of time which makes it equivalent to an outright taking/disposal
what will NOT amount to intention to permanently deprive the owner? What case shows this?
if D borrows property but returns it with all its “goodness, virtue and practical value”
R v Lloyd
What is the key case for s6(1)
R v Velumyl
