Theft Flashcards
Define theft
Under s1 of the Theft Acct 1968, ‘a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’.
Outline the actus reus for theft
The appropriation of property belonging to another.
Outline the men’s rea for theft
Dishonestly, with the intent to permanently deprive.
What is the sentence for theft?
Under s7 of the Theft Act 1968, a person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding seven years.
For low - level shoplifting, 6 months and/or unlimited fine in the Magistrates’ Court.
Define appropiation
Any assumption by a person of the rights of an owner amount to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it, be it keeping or dealing with it as owner, e.g Morris [1984] –> switching price labels / Lawrence [1972] –> appropriation with consent –> Hinks [1998] –> appropriation with gifts.
True or false? Can appropriation be continued?
True.
Appropriation can continue for as long as the thief can sensibly be regarded as in the act of stealing, e.g Atakpu [1994]
True or false? Bona fide purchasers only relates to property that is kept.
True.
One needs to act in ‘good faith’, e.g Adams [1993]
Define property
Under s4 (1), includes money and all other property, real or personal, including things in action and other intangible property.
Outline the idea of ‘things in action’
When you pay money into a bank, legal title passes to the bank, the bank then ‘owes’ a debt, and you have a ‘right’ to enforce, e.g a check.
Outline three types of intangible property
Copyright
Patent
Cryptocurrency
NOT exam papers, e.g Oxford v moss [1978]
True or false? Drugs can be perceived as property
True
E.G - Smith, Plummer and Haines [2011] 1 Cr App R 379
True or false? You can be guilty of stealing things growing wild?
Only if the defendant is doing it for reward / sale or other commercial purpose.
True or false? Animals can be stolen
Only if their wild, under s4 (4).
True or false? Bodies can be stolen
Only if bodies and body parts can be stolen if they ‘have acquired different attributes by the virtue of the application of skill, such as dissection or preservation techniques’, e.g R v Kelly & Lindsay [1999] QB 621
Define belonging to another
Under S.5(1), property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest.
True or false? You be found guilty of stealing your own property
True
Turner (No 2) [1971] All ER 441
Does abandoned property belong to another?
Yes
It’s abandoned when the owner is indifferent to any future appropriation of the property by others.
Similarily, lost property is not abandoned in circumstances where it is lost or where the owner is not currently able to recover it, e.g R v Rostron [2003]
Outline two cases where property was received under obligation
Hall [1972] + Davidge v Bennet [1984]
Outline two examples where property was recieved by mistake
AG’s Ref (No.1 of 1983) [1985] + Shadrokh - Cigari [1988]
Outline three instances in which the defendant’s conduct will not be seen as dishonest
- The defendant appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it.
- Has the legal right to deprive property
- The owner can not be found by taking reasonable steps.
How is dishonesty tested?
Ivey test, e.g Ivey v Genting Casinos [2017]
1. What is the individual’s genuine / knowledge as to the facts?
2. Is the individual dishonest by the standard of ordinary, reasonable person?]
Outline the definition of having the permanent intent to deprive another of their property
Treating it as your own to dispose of, e.g Lavender [1994]
