Theft Flashcards
Act
S1 the theft act 1968
Definition
A person is guilty if he dishonestly appropriated property belonging to another with the intention of permanently depriving the other of it
Appropriation
S3(1) appropriation means any assumption of the owners rights
Assuming the rights include later assumption of the right where a person initially comes to the property without having stolen it. Appropriation van mean take,sell,destroy,consume,lend,hire. D is taking their rights too far or treating the item as their own (morris).can be an appropriation even where owner consents if that consent is obtained by deception (Lawrence)
Property
S4(1)property includes money,real property and personal
Includes things in action (kohn) and other intangible property (chan nai-keungh). S4(3) wild plants not property unless taken for reward/sale. Confidential date is not property (Welsh Oxford moss)
Belonging to another
S5(1) belonging to another means possession ,control,or proprietary interest (turner). Confidential data is not propert (Welsh Oxford moss). S5(3) obligation to deal with property a certain way. S5(4) property received by mistake belongs to another, D has obligation to make restoration (Gilks)
Dishonesty
S2(1) does not define honesty however D is not dishonest I’d he believes: (a)he has a legal right to the property, (b)owner would consent to appropriation, (c)owner cannot be discovered by taking reasonable steps (Holden). Test (Barton and booth): (a)was the Ds actual mental state of knowledge or believed to the facts and (b)was his conduct by his standard of ordinary people
Intention to permanently deprive
S6(1) intention to permanently deprive is intention to treat the property as his own,to dispose of regardless of the owners rights (DPP v lavender). Can also be borrowing or lending property for a period and in circumstances equivalent to outright taking or disposal (DPP v J & others). Borrowing property until goodness,virtue and practical value has gone (Lloyd)
