Theft Flashcards
What is the definition of theft? Under what act?
S1 Theft Act: A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it
AR elements?
1 appropriation
2 property
3 belonging to another
MR elements?
1 dishonesty
2 intention to permanently deprive
What is meant by appropriation? Act?
S.3(1) TA: Assuming rights of the owner by taking, lending, borrowing, selling, consuming etc.
Morris?
Switching labels on goods in a supermarket was an appropriation
Can appropriation occur if V consented? Case?
Lawrence - can occur where there is consent but obtained through deception
Property was defined in S.4(1) of TA to include?
Tangible - real property like money and personal property
Intangible - things you can’t touch such as bank account, copyright, trademark incl things in action
What does S.4(3) TA say about property?
Wild plants, veg or animals not property unless taken for reward, sale or held captive
Oxford V Moss
Confidential information on an exam paper was not property, cannot steal knowledge
What is meant by belonging to another? Act?
S.5(1) TA it means possession, control or proprietary interest (i.e. having ownership)
R V Turner No2
Liable for theft of his own car as it belonged to the service station since they were in possession&control of it
Two issues which may arise when looking at belonging to another?
Property received under obligation
Property received by mistake
What is meant by property received under an obligation? Act?
S.5(3) - property should be dealt with in particular way, if not dealt with in that way, guilty of theft
Davidge V Bunnett
D was liable as she didn’t use money as she agreed to
What does property obtained by mistake create and what section is it?
S.5(4) TA - creates legal obligation to “make restoration” (i.e. give it back)
AG Reference No1 of 1983?
She should have given the money back when she realised that she had been overpaid
First element of mens rea? Act?
Dishonest S.2 TA
What are exceptions of dishonesty under S.2(1)?
If D has honest belief that a) they had a legal right to property, b) owner would consent or c) owner cannot be found
What happens if none of the exceptions to dishonesty apply?
Use 2 stage test from Booth to determine if D has been dishonest
What is the 2-stage test established in Booth?
1 determine what the Ds actual knowledge and belief was at the time
2 would the ordinary reasonable man consider Ds actions dishonest
R V Small
Was not theft as he genuinely believe that the owner could not be found
What if D is willing to pay for property they have taken?
S.2(2) TA - A persons appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for property
What is meant by intention to permanently deprive? Act?
S.6(1) TA: Intention to treat the property as his own to dispose of regardless of the owner’s rights
R V Velumyl
Courts said unless he intended to pay back exact notes and coins he had intention to permanently deprive company of money taken
