THEFT

Question 1

ACT

Answer 1

S1 of The Theft Act 1968

Question 2

DEFINITION

Answer 2

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

Question 3

APPROPRIATION

Answer 3

S3(1) appropriation means any assumption of the owner’s rights
- Assuming the rights included later assumption of a right where a person initially comes by the property without having stolen it
- Appropriation can mean TAKE, SELL, DESTROY, USE, CONSUME, LEND, HIRE.
- D is taking their rights too far or treating the item(s) as their own (Morris)
- There can be an appropriation even where owner consents if that consent is obtained by deception (Lawrence/ Hinks/ Gomez)

Question 4

PROPERTY

Answer 4

S4(1) ‘property’ includes money, real property and personal
- includes things in action (Kohn) and other intangible property (Chan Nai- Keung)
-S4(3) wild plants not property unless taken for reward/ sale
- confidential date (information only) not property (Welsh Oxford Moss)

Question 5

BELONGING TO ANOTHER

Answer 5

S5(1) belonging to another means possession, control, or proprietary interest (Turner/ Woodman)
Confidential date (information only) not property (Welsh Oxford Moss)
- obligation to deal with property a certain way s5(3) (Wain)
- s5(4) property received by mistake belongs to another, D has obligation to make restoration (Gilks)

Question 6

DISHONESTY

Answer 6

S2(1) does not define honesty however D is not dishonest if he believes: (a) he has 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 D’s actual state of knowledge or believed as to the facts
AND
B. Was his conduct dishonest by the standard of ordinary people?

Question 7

INTENTION TO PERMANENTLY DEPRIVE

Answer 7

S6(1) intention to permanently deprive is intentional to treat the property as his own, to dispose of regardless of the owner’s rights (DPP v Lavender)
-S6(1) IPD 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)