Theft Flashcards by Oliver Wilson

What is the Act and year for theft?

Theft Act 1968

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How does S.1 of Theft Act 1968 define theft?

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

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What are the 5 elements of theft?

•Appropriation (S.3)
•Property (S.4)
•Belonging to another (S.5)
•Dishonesty (S.2)
•Intention to permanently deprive (S.6)

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What is the maximum sentence for theft?

7 years

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What is the first point of theft?

Appropriation S.3

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What is appropriation?

Taking something i.e. the assumption of rights of the owner:
Possession, selling, lending, using, destroying, consuming

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What case says switching labels is appropriation?

R v Morris

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What is the case of R v Morris

Switched labels = appropriation

If switching labels is appropriation anything worse is

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What case proved appropriation can still happen if someone hands over their property?

Lawrence v Commissioner for Metropolitan Police

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What is the case of Lawrence v Commissioner for Metropolitan Police?

Offered taxi driver his wallet to take money but he took more.

Appropriation

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What is the case of R v Gomez?

Took goods in exchange for false cheques

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What is the case of R v Vinall?

Took bike then abandoned it — appropriation of taking bike, then not giving back

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What case is an example of appropriation of gifts?

R v Hinks

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What is the case of R v Hinks?

Befriended man of low intelligence and took their money (£60,000). HL upheld conviction even though seemed voluntary transfers

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What is the second point of theft?

Property S.4

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What is the definition of property?

Money and other property including intangible property like shares

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What case said information can’t be stolen?

Oxford v Moss - Stole test not liable for information inside

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What does S.4(2) state?

Property does not include land or items attached to it

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What are the exceptions to property?

S.4(3) things growing into the wild if for non commercial use
S.4(4) wild animals can’t be stolen unless reduced to possession
Illegally possessed items can be stolen

What is the case of R v Kelley and Lindsay?

Body parts can be property for purposes of theft if owned by an institution e.g. university

What is the third point of theft?

Belonging to another S.5

What is meant by belonging to another?

Must have possession or control of it or have a proprietary right or interest

Can owners be liable for stealing their own goods?

Yes R v Turner accused of stealing car from garage after it was repaired but he didn’t pay

What is the case that relates to goods being lost or abandoned?

R v Rostron - collected golf balls from golf course considered as lost not abandoned

What is the case of R v Basildon Magistrates Court?

Bags outside charity shop belong to the original owner until charity shop takes ownership

What does S.5(3) state?

If a person receives property to use in a particular way the property is treated as belonging to another

What is the case of Davidge v Bunnett?

Given money to pay bills and spent on himself. Belonged to flat mates even if given to him.

What is S.5(4)?

If a party receives property by mistake and realises they have an obligation to return it

What is the case of AG Ref No1 1983?

Police officer paid £74 extra and didn’t return it

What is the men’s Rea of theft

Intention to permanently deprive Dishonesty

What is meant by S.6(1) Intention to permanently deprive?

Borrowing is not theft unless intend to keep

What is the case of R v Lloyd?

Took films copied them then returned them not liable However if when borrowing you devalue the good then it can be theft

What is conditional intent?

If a person intends to permanently deprive if they find something of value it is not theft if they don’t take anything. Could be attempted theft.

What is the case of R v Eason?

Searched in bag but nothing of value. Not theft as no intention to permanently deprive.

What is the ruling with returning similar property?

If a person takes property then returns it with similar property it is theft

What is the case of R v Velumyl?

Took money out of safe at work replaced with different money of equivalent value

What is the fifth point of theft?

Dishonesty S.2

Who decides dishonesty?

For the jury or magistrates to decide if acted dishonestly

Three times a person is not acting dishonestly?

If they take in belief they have the right to deprive Appropriates in belief they would have the others consent If he believes the person who owns the property can’t be discovered by taking reasonable steps

What is the case of R v Robinson?

Not theft, took money that he honestly thought he was owed

What is the case of R v Small?

Took car that had been left for two weeks. Up to jury to decide if had the honest belief they couldn’t find the owner.

What is the case of R v Holden?

Took tires as thought had permission from supervisor. Conviction quashed as belief genuinely held.

What was the original test for dishonesty?

GHOSH test

What cases updated the GHOSH test?

Ivey v Genting Casinos stated the test for dishonesty is: “Whether D’s conduct is dishonest by the standards of ordinary decent people”

What case confirmed Ivey v Genting Casinos?

R v Barton and Booth

What were the two points from R v Barton and Booth?

1. Was Ds conduct dishonest by the standards of ordinary decent people 2. Consider what D thought or believed at the time (but mostly from society’s standards rather than Ds understanding of the standards)