Theft Flashcards
What is the definition of theft according to the Theft Act 1968?
“Dishonestly appropriating property belonging to another with the intention to permanently deprive the other of it”
This definition is contained in S.1 of the Theft Act 1968.
What is the maximum sentence for theft under the Theft Act 1968?
7 years
Theft is triable either way.
What does S.2 of the Theft Act 1968 define?
Dishonesty
S.2 outlines what constitutes dishonesty in the context of theft.
What does S.3 of the Theft Act 1968 address?
Appropriation
S.3 specifies the act of assuming the rights of an owner.
What is the significance of Morris in relation to appropriation?
Only one right of the owner needs to be assumed
This case established a key principle regarding appropriation.
In Corcoran v Anderton, what was determined about appropriation?
It need not be proven that the property left the possession of the owner for appropriation to be present
This case clarified the requirements for appropriation.
Under what conditions can appropriation occur with the consent of the owner?
Even where the owner has given consent
Lawrence established this principle.
What does S.4 of the Theft Act 1968 define?
Property
S.4 outlines what constitutes property under the Theft Act.
What types of property are included under S.4?
- Money
- Real property
- Personal property
- Things in action
- Other intangible property
This categorization is crucial for determining what can be stolen.
What items do not amount to property for the purposes of theft?
- Knowledge/confidential information (Oxford v Moss)
- Corpses or body parts unless they acquire different attributes (R v Kelly and Lindsay)
- Mushrooms, flowers, fruit or foliage unless for reward or sale (S.4(3))
- Wild animals (S.4(4))
- Electricity
These exceptions clarify the limitations of what can be stolen.
How is property regarded as belonging to another under S.5?
Any person having possession or control of it, or having in it any proprietary right or interest
This definition emphasizes the complexity of ownership.
What case illustrates the principle of belonging to another when the property is stolen?
Turner
This case involved a person stealing his own car.
What is the significance of S.5(3) regarding property received under obligation?
Property is still regarded as belonging to another until the obligation is fulfilled
This means misappropriating property received under legal obligations can lead to theft.
What does S.5(4) state about receiving property by mistake?
A person commits theft when deciding to keep property upon realization of the mistake
This highlights the legal obligation to restore mistakenly received property.
What constitutes abandoned property in the context of theft?
Only completely abandoned property will not be regarded as belonging to another
Ricketts v Basildon illustrates the definition of abandoned property.
What is the definition of dishonesty under the Theft Act 1968?
Not explicitly defined in S.2
The determination of dishonesty is left to the jury.
What are the exceptions to dishonesty outlined in S.2?
- D believes he has the right to deprive the other of it (S.2(1)(a))
- D believes he would have the other’s consent (S.2(1)(b))
- D believes the owner cannot be discovered by taking reasonable steps (S.2(1)(c))
These exceptions provide defenses against theft accusations.
What is the two-part test for dishonesty established in Ivey?
- What was the D’s knowledge at the time
- Would the ordinary decent person consider the D’s conduct as honest or dishonest
This test evaluates dishonesty in a practical context.
What does S.6 of the Theft Act 1968 require to prove intention to permanently deprive?
The D had intention to treat the thing as his own to dispose of regardless of the others’ rights
This intention is critical for establishing theft.
What case illustrates that borrowing and lending can indicate intention to permanently deprive?
Lloyd
The court held that borrowing and keeping until the item’s value is diminished indicates intent to deprive.
What does Easom state about conditional intent to steal?
A conditional intent to steal will not be regarded as an intention to permanently deprive
This case clarifies the nuances of intent in theft.
