Theft Flashcards
What is the legal definition of theft under the Theft Act 1968? And which section
Theft is defined as dishonestly appropriating property belonging to another with the intention to permanently deprive them of it (S.1 Theft Act 1968).
What is the AR of theft
The AR of theft
is appropriation
property
and belonging to another.
What does appropriation mean and which section and act ?
Appropriation means assuming the rights of the owner
S.3 of the Theft Act 1968?
What are the different ways someone can assume the rights of the owner?
can be done by taking, lending, borrowing, selling, consuming, or switching labels.
Can appropriation occur even with the owner’s consent? And case
Yes, if the consent is obtained through deception, as seen in Lawrence.
What case shows that switching labels in a shop is appropriation?
Morris
What types of property are covered under S.4 of the Theft Act 1968?
Tangible property (e.g., mobile phone) and intangible property (e.g., trademarks, things in action).
Are wild plants and animals considered property?
No, unless taken for sale, reward, or held captive.
What case ruled that confidential information is not property?
Oxford v Moss
What does belonging to another mean under S.5 of the Theft Act 1968?
It means the property is owned, possessed, or controlled by someone else. or even a proprietary interest
What case shows that possession and control can make something “belong” to another?
R v Turner – D stole his own car from a garage without paying for repairs.
What are two issues which may arise when looking at ‘belonging to another’:
- Property received under an obligation
- Property received by mistake
What case shows that property received under an obligation must be used as intended?
Davidge v Bunnett – D spent housemates’ bill money on presents
What happens if property is received by mistake? And where is it stated section and case example?
. There is a legal duty to return it under S.5(4), as seen in AG Ref No.1 1983 (D was overpaid wages but didn’t return them).
What is the Mr theft
1) Dishonesty
2) Intention to permanently deprive
What are the three exceptions where a person is NOT dishonest under S.2(1) of the Theft Act 1968
- Legal right – D believes they had a legal right to the property.
- Owner’s consent – D believes the owner would consent.
- Owner cannot be found – D believes they took reasonable steps to find the owner.
What case ruled that taking an abandoned car was not dishonest? Owner was not found
R v Small
What test is used to determine dishonesty if no exceptions apply?
. The Booth Test:
What are the 2 stages of the booth test
- What was D’s actual knowledge and belief?
- Would the ordinary, reasonable person find it dishonest?
What does intention to permanently deprive mean under S.6 of the Theft Act 1968?
Treating the property as their own to dispose of.
What case shows that taking money and intending to replace it still amounts to theft?
Velumyl – D could not return the exact same notes
What case ruled that borrowing property can be theft if its “goodness, virtue, and practical value” is gone?
Lloyd
What are the key elements needed to prove theft? And what sections
- Appropriation (S.3)
- Property (S.4)
- Belonging to another (S.5)
- Dishonesty (S.2)
- Intention to permanently deprive (S.6)
If all elements are present, is D guilty of theft?and what is some are missing
Yes. If any element is missing, D is not guilty of theft.
