Theft Flashcards
What must exist simultaneously for theft under the Theft Act 1968?
All of the elements must exist simultaneously.
Define appropriation according to section 3 of the Theft Act 1968.
Any assumption by a person of the rights of an owner
Is it possible to appropriate property with the consent of the owner?
Yes, a person can appropriate property even with the consent of the owner (R v Gomez).
What was established in R v Hinks [2000] regarding valid inter vivos gifts?
A person could be guilty of stealing a valid inter vivos gift.
What does a later assumption of the owner’s rights by keeping property amount to after appropriation without stealing?
It amounts to assumption (Theft Act 1968, s 3(1)).
Who is protected from liability for theft under section 3(2) of the Theft Act 1968?
The innocent purchaser of goods.
What types of property may be stolen according to section 4 of the Theft Act 1968?
All property generally may be stolen.
When is picking fruit, flowers, mushrooms, and foliage considered theft?
Only if done for a reward, for sale or for any other commercial purpose.
Can land be stolen?
Yes, land can be stolen if:
- An individual is entrusted with land i.e. trustee/PR/power of attorney
- appropriating something that forms the land – such as a tree
- appropriating a fixture or part of a fixture
Can wild animals be stolen?
They can be stolen if they have been reduced into possession.
List items that cannot be stolen.
- Wild plants and animals generally
- Electricity
- Corpses and body parts
- Confidential information
- Services
- Cheques drawn on accounts over the agreed overdraft limit
What does section 5 of the Theft Act 1968 state about belonging to another?
Property can cease to belong to another if it has been abandoned.
Do householders abandon goods placed in domestic waste?
No, householders do not abandon goods that are put in their domestic waste.
Williams v Phillips (1957)
What was the ruling regarding lost golf balls in Hibbert v McKiernan?
Lost golf balls had not been abandoned by their owners.
Hibbert v McKiernan [1948]
Who does property belong to?
Property belongs to those who have possession and control over it, including those who have possession and control over the land upon which it was found.
Can you steal your own property?
Yes, you can steal your own property if someone else is in possession and control of it.
R v Turner (No 2) [1971]
When does title in property pass according to the Theft Act 1968?
In general, title in property passes at the time that the parties intend it to pass.
What does section 5(3) of the Theft Act 1968 state about property given to another?
When property is given to D from or on account of another and is under obligation to deal with property in a particular way, it shall be regarded as belonging to the other.
This can be applied to social and domestic settings - Davidge v Bunnet
Is there an automatic application of section 5(3) of the Theft Act 1968?
No, there is no automatic application of s5(3) – it is up to the trial judge to decide whether D was under a legal obligation according to civil law to deal with the property in a particular way.
What does section 5(4) of the Theft Act 1968 state about property obtained by another’s mistake?
Property is deemed to belong to the person entitled to restoration.
What is an alternative approach regarding property given by mistake?
The person who gives property by a mistake retains an equitable interest in that property.
R v Shadrokh-Cigari [1988]
When is appropriation of property not regarded as dishonest?
- If D believes D has a right in law to deprive the other of the property (s 2(1)(a)).
- If D believes D would have the other’s consent if the other person knew (s 2(1)(b)).
- If D believes the person to whom the property belongs cannot be discovered by taking reasonable steps (s 2(1)(c)).
No need for reasonable belief
Can D keep the property if the owner is later found?
No, D still cannot keep the property if the owner is later found.
What is the new test established in Ivey v Genting Casinos?
- What was the defendant’s knowledge and belief as to the facts?
- Given that knowledge and those beliefs, was the defendant dishonest by the standards of ordinary decent people?
Can a person be considered dishonest if they are willing to pay for property?
Yes, a person can be dishonest despite being willing to pay for property (Theft Act 1968, s 2(2)).
When must dishonest intent be formed?
Dishonest intent must be formed at a time when the goods were belonging to another.
Is there a requirement that the owner is actually deprived of their property permanently?
No, there is no requirement that the owner is actually deprived of their property permanently.
How should ‘intention to permanently deprive’ be interpreted?
It should be given its ordinary everyday meaning. If more direction is required, it includes an intention to treat the property as one’s own to dispose of, regardless of the owner’s rights.
What are different ways to satisfy the requirement of intention to permanently deprive?
- The dictionary definition of ‘to dispose of’.
- Intending to treat it in a manner which risks its loss.
- More than ‘dealing with’ is required.
What are examples of the dictionary definition of ‘disposing of’
- The defendant attempting to sell the owner their own property - R v Scott
- Ransom cases - Raphael
- Rendering the property useless - DPP v J
Can borrowing or lending another’s property amount to intending to treat it as one’s own?
Yes, if it is for a time period and in circumstances equivalent to an outright taking or disposal.
(The Theft Act 1968, section 6(1), R v Lloyd [1985])
What question should be asked regarding the intention to return borrowed property?
Was the intention to return it minus all its goodness, virtue, and practical value?
What does section 6(2) of the Theft Act state about parting with property?
Parting with property under a condition as to its return, which the defendant may not be able to perform, is equivalent to treating property as one’s own to dispose of regardless of others’ rights.
Is MR negated by replacing property with substitute property?
No.
(R v Velumyl [1989])
What are the elements of theft?
- The appropriation of property
- Belonging to another
- Dishonestly
- And with intention to permanently deprive
What is the categorisation and maximum sentence for theft?
- Either way
- 7 yrs
