Theft Flashcards
What act does theft come under?
S1 of the Theft Act 1968
What is the definition of theft
The dishonest appropriation of property belonging to another with intent to permanently deprive the other of it
What is the AR of theft?
The dishonest appropriation of property belonging to another.
What can appropriation be classed as?
Treating property as your own (Pitham and Hehl), outright taking.
When else can appropriation happen?
If a gift is given through coercion or deception (Hinks), if D leaves the property behind after taking it (Corcoran and Anderton), if D innocently acquires property but keeps/deals with it as if it were there own.
What are the 2 types of property known as?
Tangible property- Money
OR
Intangible property- Licenses and patents
(AG of Hong Kong vs Chan Nai-Keung)
What isn’t classed as property?
Things picked from the wild for reward or sale, wild creatures unless in captivity (Oxford vs Moss), electricity (Low vs Blease), Bodies unless used for exhibition/teaching purposes (Kelly and Lindsay) however, bodily fluids can be stolen (Welsh).
What must D be under S2 for the MR?
D must be dishonest.
How is dishonesty tested?
2 stage test (Ivey vs Genting Casinos)
Firstly- Jury must decide what was actual knowledge or belief of D as to the facts.
Secondly- Jury must decide whether D’s behaviour would be regarded as dishonest by a reasonable, ordinary, decent person.
A person’s appropriation won’t be dishonest if …? (3 answers)
S.2(1)(a)- If D held an honest belief that he has a legal right to it (Small and Holden)
S.2(1)(b)- If D held an honest belief the owner would consent (Holden)
S.2(1)(c)- If D held an honest belief that the owner could not be found by taking reasonable steps (Boggeln vs Williams)
What MUST D have to be liable?
Intention to Permanently Deprive, (IPD), which means an intention to dispose of or treat as your own (DPP vs Lavender)
