Theft Flashcards
What does s.2 (1) (a) state regarding dishonesty?
Not dishonest if D believes they are right in law to deprive the other of it
Refers to the legal principle that a defendant (D) may not be considered dishonest if they genuinely believe their actions are lawful.
Under what condition does s.2 (1) (b) indicate that an action is not dishonest?
Not dishonest if the other’s consent is given, provided they knew
This provision implies that if the victim is aware and consents, the action cannot be deemed dishonest.
What does s.2 (1) (c) specify about dishonesty?
Not dishonest if the person to whom the property belongs cannot be discovered by taking reasonable steps
This clause highlights that if reasonable efforts to identify the owner fail, dishonesty is not established.
What type of test is applied to determine if a belief is honestly held?
Subjective test
This test focuses on the defendant’s personal belief rather than on what a reasonable person would believe.
What is the key issue in determining dishonesty according to the subjective test?
Whether the belief is honestly held
The emphasis is on the defendant’s genuine belief rather than its reasonableness.
What is the current test for dishonesty following Ivey v Genting Casinos (2017)?
The test is now wholly objective
This marks a shift from a subjective to an objective standard in assessing dishonesty.
What was confirmed in R v Barton and Booth (2020) regarding the test for dishonesty?
The test is whether the defendant’s conduct was dishonest by the standards of ordinary decent people
This establishes a societal standard for evaluating dishonesty.
What is the definition of ‘Appropriation’ according to S.2?
‘any assumption by a person of the rights of an owner’
This definition is broad and encompasses various actions regarding property.
What actions are included under appropriation?
- Selling
- Renting
- Destroying property
- Swapping price labels (Morris)
These actions indicate a person’s assumption of ownership rights.
Can appropriation occur with the owner’s consent?
Yes, appropriation can occur even where the owner consents or gifts the property (Hinks)
This highlights that consent does not negate the act of appropriation.
What occurs if property is acquired innocently?
An appropriation can still take place if the defendant ‘keeps’ or ‘deals with’ the property
This emphasizes that the nature of acquisition does not necessarily prevent appropriation.
What does S.4(1) include regarding property?
Money and all other property, real or personal, including things in action and other intangible property.
This definition encompasses a broad range of assets.
What is defined as ‘real’ property?
Land.
Real property refers specifically to land and anything permanently attached to it.
What is considered ‘personal’ property?
Anything else that is not real property.
Personal property includes movable items and intangible assets.
Define ‘tangible’ property.
Property that can be touched.
Examples include physical assets like furniture and vehicles.
Define ‘intangible’ property.
Property that cannot be touched, such as a bank balance.
Intangible assets include intellectual property and financial instruments.
What does S.5(1) state regarding possession or control?
‘possession or control…or…having in it any proprietary right or interest…’
This means that one can still claim ownership or rights over property even if it is in the hands of another.
Can you steal your own property?
Yes, if it is under someone else’s possession or control (Turner)
This legal principle allows individuals to reclaim their own property even when it is wrongfully held by others.
What does S.5(3) refer to in the context of property?
Obligation to deal with property ‘in a particular way.’
This principle indicates that property or proceeds must be treated as belonging to another, as established in Davidge v Bunnett.
What does S.5(4) state about property received by mistake?
Property treated as belonging to another (A-G’s Reference (No 1 of 1983))
This means that if property is received by mistake, the recipient has a duty to return it.
What is the legal status of lost property?
Owner still retains proprietary interest in it.
Even if lost, the original owner maintains rights over the property until it is claimed or abandoned.
What defines abandoned property?
Must be wilful/ owner must be completely indifferent as to what happens to property (Ricketts v Basildon Magistrates)
Abandonment requires a clear intention by the owner to relinquish all rights.
What may happen to abandoned property according to the court?
Ownership may pass to the owner of the land on which it was abandoned.
Courts can determine that abandoned property becomes the possession of the landowner under certain circumstances.
What does ‘Intention to Permanently Deprive’ (ITPD) mean?
An intention to treat the property as his own to dispose of regardless of the other’s rights
Reference from Velumyl
What is the ‘Ransom Principle’ in relation to ITPD?
Taking property and demanding money for its return counts as an ITPD
Reference from Raphael
What does S.6(1) cover?
Situations where the property is borrowed ‘for a period and in circumstances making it equivalent to an outright taking or disposal’
Under what condition does borrowing amount to outright taking?
When the property is returned in such a changed state that all its ‘goodness and virtue’ are gone
Reference from Lloyd
Theft summary template
1 - Appropriation s3(1)
2 - Property s4(1)
3 - Belonging to another s5(1)
4 - APPLY ALL ABOVE - AR
5 - Dishonest s2(1a)(1b)(1c)
6 - ITPD s6
7 - 7 years imprisonment
Theft full A01 Template
The AR of theft is the appropriation of property belonging to another.
Under s3(1), appropriation is defined as any assumption by a person of the rights of an owner, and includes selling, renting or even destroying property. According to Hinks, an appropriation can take place even where the owner consents/gifts the property. Equally, there can be an appropriation where property is acquired innocently, if D keeps or deals with it.
The word property is defined in s4(1) to include money and all other property, real and personal, including things in action and other intangible property. Following Oxford v Moss, confidential information/knowledge is not property.
s5(1) defines belonging to another as having possession or control, or having it in any proprietary right or interest. It is possible to steal your own property if it is under someone else’s possession or control.
Looking at MR, s2 only provides a partial negative definition. A person is not dishonest if they believe they have a legal right to property (s2(1a - Small), they honestly believe the owner would consent to the taking (s2(1b) or they honestly believe the owner cannot be found having taken reasonable steps (s2(1c). If D doesnt fit into one of these categories, juries will be asked to consider whether Ds act was dishonest by the ordinary standards of reasonable people (Barton and Booth).
s6 deals with the intention to permanently deprive, and this means an intention to take forever or for a period equivalent to outright taking. The defendent intends to treat the property as his own to dispose of regardless of the others rights (Velumyl)
If convicted, he faces up to 7 years imprisonment.
