theft Flashcards
act
s1 of the theft act 1968
definition
a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
1) appropriation s3(1)
-assumption of the owners rights
- assumption can be taking, selling, destroying, using, consuming, lending
-D is taking their rights too far or treating the item as their own
-owner consent is obtained by deception
2) property
s4(1) includes money, real property and personal
-things in action and intangible property
s4(3) wild plants are not property unless taken for reward/sale
-confidential info is not property
3) belonging to another
s5(1) possession, control or proprietary interest
s5(3) obligation to deal with property in a certain way
s5(4) D has obligation to make restoration
4) dishonesty
a) he has a legal right to the property
b) owner would consent to appropriation
c) owner cannot be discovered taking reasonable steps
barton and booth
a) was the D’s actual state of knowledge as to the facts
B) was his conduct dishonest by the standard of the ordinary people
5) intention to permanently deprive
s6(1) intention to treat the property as his own, regardless of owners rights
-can also be borrowing or lending property for a long period of time
- borrowing property until ‘goodness, virtue and practical value has gone’
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definition
d steals and immediately before or at the time of doing so, and in order to do so, used force on any person or seeks to put any person in fear of being then and there subjected to force
1) D must commit theft
just prove they stole
2) force or threat of force
-up to the jury to decide
-very little force is needed
- D must seek to put V in fear; V need not actually be put in fear
3) on any person
-force can be used on V, someone with or near V or on V’s property
4) immediately before or at the time of stealing
if the force is used after the theft, the jury may decide that the appropriation continues until the force arrives, so the force is interpreted as ‘at the time of stealing’
5) in order to steal
-threat of force/ force must be used in order to steal
- force that is nothing to do with the theft does not amount to robbery
