Theft Flashcards
define theft
dishonestly appropriating property belonging to another with the intention to permanently deprive the other of it
what section and act does theft come from
s1 Theft Act 1968
AR
Appropriation (s3)
Property (s4)
Belonging to another (s5)
MR
Dishonestly (s2)
Intention to permanently deprive (s6)
what is appropriation
‘any assumption of the rights of an owner’
in what case was it appropriation when D assumed the right to sell
Pitham & Hehl
what case stated that D doesn’t have to assume all the rights of the owner
Morris
what case stated that appropriation includes forcibly tugging on a handbag, even though V doesn’t let go
Corcoran v Anderton
what case stated appropriation can occur without consent of the owner
Lawrence
what case confirmed Lawrence as both cases involved an element of deception
Gomez
what case held that appropriation can occur even when owner has consented + there is no deception
Hinks
can appropriation be where D acquires property lawfully but decides to keep it
yes
5 examples of property
- money
- real property (only in limited circumstances - s4(2)
- personal property
- things in action
- other intangible property
what case was property personal - dead bodies + body parts
Kelly & Lindsay
what case stated that other intangible property can be e.g. patent but not confidential info.
Oxford v Moss
what section states that picking wild mushrooms + fruit flowers is examples of property that cannot be stolen unless for reward/ sale
s4(3)
what section states that wild creatures not ordinarily kept in captivity or untamed is an e.g. of property that cannot be stolen
s4(4)
what does belonging to another (s5) mean
includes possession or control of property (doesn’t have to be lawful - Turner) or any proprietary interest
can a person be in control of property even though he doesn’t know
yes
in what case was the property belonging to another scrap metal in a disused site
Woodman
what case stated that items still belong to the donor until possession of goods has been taken
Rickets v Basildon
what case stated that property remains property of the householder until collected by authorised person + taken to tip - not abandoned
Williams v Phillips
what section states that, where property has been given to be dealt with in a particular way (received under an obligation) and that is not done, there can be theft
s5(3)
what case stated that money/ cheques given for a particular purpose, there must be a legal obligation to use proceeds for that purpose
Davidge v Bunnett
in what case was there no obligation to deal with deposits in a particular way, but in…. there was such an obligation
Hall - no obligation
Klineberg - obligation
under what section, where you are given something by mistake + have a legal obligation to give it back, keeping it may be theft, as in ….
s5(4)
As in AG’s Ref (No.1 of 1983)
dishonesty (s2) is not defined but s2(1) lists situations which would NOT be classed as dishonest - list these (3)
if D appropriates property in the belief that:
a) he has in law the right to deprive the other of it, on behalf of himself or a third person or,
b) he would have the others consent if they knew of the appropriation + circumstances of it or,
c) the person to whom the property belongs can’t be discovered by taking reasonable steps
D’s belief must be genuine, not correct or reasonable. In what case was d not guilty and why
Small - not guilty under s2(1)(a) because he genuinely believed the car he had taken was abandoned
where the sections under s2(1) do not apply, which test must be used
the Ivey/ Barton test
explain the 2 stage Ivey/ Barton test to decide if D is dishonest
1) D’s actual knowledge/ belief as to the facts must be established (subjective - what did D believe?)
2) In light of D’s actual knowledge/ belief as to the facts, was D’s conduct dishonest by the standards of ordinary decent people?
explain the intention to permanently deprive (s6)
if D treats property as his own to dispose of regardless of the other’s rights that will amount to intention to permanently deprive
what case confirmed that the disposal of property includes dealing with property - swapped doors on council property = treated as his own
Lavender
the PoL in Lavender can be proven even if D intends to repay money he has taken (………….) , or where D destroys property belonging to another
Velumyl
Borrowing is not theft unless….
for a period of time + in circumstances making it equivalent to outright taking or disposal
in what case dis the courts say if ‘the goodness, the virtue + the practical value had gone out of the article, that would be sufficient for s6’
Lloyd
what case stated that a conditional intent to steal could result in a charge of attempting to steal
AG’s Ref. (No.1&2 of 1979)
what case stated that offering to sell V’s property was treating it as his own
Raphael & Another
