Theft

Question 1

Where is theft defined

Answer 1

Section 1 theft act 1968 defines theft as ‘the dishonest appropriation of property belonging to another, with the intention to permanently deprive’

Question 2

Stage 1

Answer 2

appropriation

Question 3

AR of theft ( appropriation )

Answer 3

section 3 defines appropriation as ‘assuming the rights of the owner’

Question 4

Morris

Answer 4

any assumption is enough

Question 5

Gomez

Answer 5

the appropriation must be disonest

Question 6

side rules - stage 1

Answer 6

*if d gets property but then decides to keep it- this is stealing (section 3 (1) )
* Consent- if the D had consent to take the property- this is still an appropriation ( Lawrence )
* Gifts- You appropriate property even if you receive it as a gift (Hinks)

Question 7

Stage 2

Answer 7

Property must be stolen

Question 8

Under section 4 Theft Act 1968 what 4 types of property can be stolen

Answer 8

*Money ( cash or coins )
*Personal ( phone/wallet/car)
*Intangible ( things you cannot touch )
*Real property ( Land or buildings )

Question 9

What property cannot be stolen - only include in answer if relevant

Answer 9

*Knowledge
*wild animals/ plants
*Electricity

Question 10

Stage 3

Answer 10

The property must belong to another

Question 11

Section 5(1)

Answer 11

property belongs to another if they have possession or control over it, or right or interest in it

Question 12

Side rules - stage 3

Answer 12

• Stealing your own property- if someone else has a right or interest in your property, you can steal your own property ( turner )
• Lost property - The original owner still has a right and interest in it ( section 5 (1) )
• Abandoned property- The owner must have an intention to abandon property ( Basildon )
  *Money for a particular purpose- Section 5(3)- You must use the money for the purpose intended ( Davidge v Bennett )
• Receiving money by mistake- you are under obligation to return the money section 5(4)

Question 13

stage 4

Answer 13

dishonesty

Question 14

Men’s rea

Answer 14

dishonesty and intention to permanently deprive

Question 15

What is the legal definition of Dishonesty

Answer 15

there is not one, if d falls into one of the ‘three negatives’ they are not dishonest

Question 16

What are the three negatives

Answer 16

S.2(1) (a)- D believes they have a a right in law to the property
S.2 (1) (b)-D believes the owner would have consented to the taking
S.2 (1) (C)-D believes the owner cannot be discovered by taking reasonable steps

Question 17

What to do if the three negatives do not apply

Answer 17

apply the dishonesty test established in Ivey and confirmed in Barton and booth.

Question 18

What does the dishonesty test ask and what type of test is it

Answer 18

‘Was the D dishonest by the standard of an honest and reasonable person’ - objective test