Theft Flashcards
Act of parliament
s1 theft act 1968
Definition
A person is guilty of these if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
Different sections
s2 - dishonesty
s3 - appropriation
s4 - property
s5 - belonging to another
s6 - intention to permanently deprive.
Appropriation
s3(1) appropriation means any assumption of the owners rights. Includes later assumption of a right. Appropriation can mean take, sell, destroy, use, consume, lend, hire: D takes their rights top far and treats the property as their own (Morris)
Appropriation and consent
There can be an appropriation even where the owner consents to it if that consent is obtained by deception (Lawrence)
Property
s4 (1) ‘property’ includes money, real property and personal property including things in actions other and intangible property.
s4 (3) wild plants are not property unless taken for reward or sale.
Confidential date (information only) not property (welsh Oxford moss)
Property cases
- money in the bank (kohn)
- urine sample (welsh)
- confidential information (Welsh Oxford v moss)
- Intangible property (chan nai - keung)
- drugs (smith (Michael) and other)
- parts of a corpse capable of being property (Kelly & Lindsay)
Belonging to another
s5(1) belonging to another means possession, control, or proprietary interest lie ownership). (Turner)
Confidential data (information only) not property (Welsh Oxford moss)
s5(3) obligation to deal with property a certain way (wain)
s5(4) property received by mistake belongs to another D has obligation to make restoration (gilks)
Dishonesty
s2(1) does not define dishonesty however D is not dishonest if he believes
s2(1)(a) has a legal right
s2(1)(b) owner would consent
s2(1)(c) owner cannot be discovered by taking reasonable steps - (Holden)
Dishonesty - Barton and booth
- Was the D’s actual state of knowledge or belied as to the facts AND
- Was his conduct dishonest by the standard of ordinary people
Intention to permanently deprive
s6(1): intention to treat the property as his own, regardless of the owners rights (dpp v lavender)
Borrowing or lending property for a period of time equal to outright taking (DPP V J & others)
Borrowing until goodness, virtue and practical value has gone (Lloyd).
Morris
D takes their rights too far and treats the property as their own (morris)
