theft Flashcards
What kind of offence is theft and what act is it in?
Specific intent offence
Statute
Theft act 1958
What is the actus reus of theft?
Appropriation - assuming the rights of the owner
What are the rights of the owner?
change it, sell it, consume it, use it, give it away, destroy it, hire it out
R v Gomez
Taking items from a shop shelf is appropriation
R v Pitman & Hehl
you do not need to deprive the other of it in order to appropriate it
R v Morris
It’s enough for the prosecution if they proved the assumption of it in order to appropriate
R v Hall
receiving property under obligation
R v Hinks
appropriation can occur even with consent
What is not considered to be property?
wild mushrooms, fungus, shrubs, plants.
They are not considered unless picked for reward or sale
R v Kelly & Lindsay
Body parts were considered property
Oxford v Moss
information is not considered property
Davidge v Bernett
property received under obligation must be dealt with in that way
Attorney General Reference
property revived by mistake should be returned
R v Turner
it is possible to steal your own property
Define ‘belonging to another’
To whoever is in possession or in control or has a proprietary interest
Define property interest
someone who has ownership over it
R v Webster
property belongs to whoever has a proprietary interest
Define dishonesty?
There is no definition to dishonesty, you look at what isn’t dishonest and go from there.
R v Robinson
if she or he believes they have the legal right to appropriate
Not dishonest
R v Small (B)
if she or he believes they would have consented if the other knew about it
R v Small (C)
the person to who the property belongs to cannot be discovered by taking reasonable steps
Ivy v Casinos
used to be the gosh test but what abolished. Now a two part test.
Subjective test: what did the defendant believe
Objective test: was his conducts dishonest by the standards of the ordinary people
R v Velumyl
it doesn’t matter that the defendant intended to replace the exact value or money, he still took it and spent it
DPP v Lavendar
moved the door from the council flat to another, counted as intention to permenantly deprive as he did not intend to put it back
