Theft Flashcards
What is theft as defined in the Theft Act 1968?
The dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.
What constitutes the ACTUS REUS of theft?
The dishonest appropriation of property belonging to another.
What does appropriation mean in the context of theft?
Appropriation can be an outright taking or treating property as your own.
Example: Selling property (Pitham and Hehl).
Can appropriation occur if property is innocently acquired?
Appropriation can take place even if D leaves the property behind having taken it,as in corocan and Anderson
What are some examples of appropriation?
Label swapping (Morris) and V consenting through deception (Lawrence, Gomez).
Can appropriation occur with a gift made with consent?Explain correction element also
Appropriation can take place even when there is a gift made with consent without deception, if it is obtained through coercion
Example: Hinks.
Can D be liable for theft if they leave the property behind?
Yes, as established in Corcoran and Anderton.
What does S3(2) state about purchasing stolen goods?
D will be innocent if they purchase stolen goods in good faith.
What types of property are covered under S.4(1)?
Property can be tangible (like money) or intangible (like licenses and patents).
Example: AG of Hong Kong v Chan Nai-Keung.
What does S.4(3) state about property picked from the wild?
Anything picked from the wild for reward or sale does not constitute property.
What types of property are not considered property under S.4(4)?
Wild creatures unless in captivity, confidential information (Oxford v Moss), and electricity (Low v Blease).
Can bodies or body parts be stolen?
Bodies/body parts unless used for exhibition/teaching purposes as in Kelly and Lindsay however Bodley fluids can be stolen as in Welsh
What does S.5(1) state about property belonging to another?
It means the victim has possession or control of it.
Example: Ricketts v Basildon Magistrates Court.
What does S.5(3) state about property under an obligation?
If a person is under an obligation to retain and deal with property in a particular way, that property is regarded as belonging to another.
What does S.5(4) state about property given by mistake?
Under S.5 (4) if a person is giving something by mistake Keeping it is considered keeping property belonging to another as the victim has a ‘proprietary interest’.
Example: Webster.
Can an owner be convicted of stealing their own property?
An owner can be convicted of stealing their own property if it is temporarily in the possession of another.
Example: Turner.
Can a person be in control of property they do not know is there?
Yes, a person can be in control of property even if they are unaware of its existence, such as abandoned property.
Example: Woodman case.
What is the MENS REA requirement for dishonesty under theft?
Under S.2, D must be DISHONEST. The 2-stage test from Ivey v Genting Casinos is used: 1) Determine D’s actual knowledge or belief (subjective test). 2) Assess if D’s behavior is considered dishonest by a reasonable person (objective test).
When is a person’s appropriation not considered dishonest?
Appropriation is not dishonest if:
1) Under S.2(1)(a), D honestly believes they have a legal right (Small, Holden).
2) Under S.2(1)(b), D honestly believes the owner would consent (Holden).
3) Under S.2(1)(c), D honestly believes the owner cannot be found (Small).
Can D be considered dishonest if they are willing to pay for the property later?
Yes, D may still be considered dishonest even if willing to pay later.
Example: D knew the purse was not his, and a reasonable person would view D’s actions as dishonest.
What is required under S.6(1) for intention to permanently deprive?
D must have an intention to permanently deprive, meaning to dispose of or treat the property as their own.
Example: DPP v Lavender case.
Is an intention to sell or ransom property considered an intention to permanently deprive?
Yes, an intention to sell or ransom property back to the owner is considered an intention to permanently deprive.
Example: Raphael case.
Does replacing property with identical property count as an intention to permanently deprive?
No, an intention to replace with absolutely identical property does NOT count as an intention to permanently deprive.
Example: Velumyl case.
Is an intention to remove value from property considered an intention to permanently deprive?
Yes, an intention to remove the value from the property is considered an intention to permanently deprive.
Example: Lloyd case.
Is an intention to abandon property considered an intention to permanently deprive?
No, an intention to abandon property is NOT considered an intention to permanently deprive unless the intention is to change it so as to lose all its value.
Example: Mitchell case.
Is a conditional intention to deprive considered an intention to permanently deprive?
No, a conditional intention to deprive is not an intention to permanently deprive, but it may result in a conviction for attempted theft.
Example: Easom case.
What does S.6(2) state about intention to part with property?
Under S.6(2), there is an intention to permanently deprive if D intends to part with the property under a condition that may not be able to be performed.
Example: Fernandes case.
