Theft Flashcards
What is the definition of theft according to THEFT ACT 1968 S.1?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
What section of the Theft Act defines dishonesty?
S.2
What section of the Theft Act defines appropriation?
S.3
What section of the Theft Act defines property?
S.4
What section of the Theft Act defines belonging to another?
S.5
What section of the Theft Act defines intention to permanently deprive?
S.6
What does MORRIS state?
An appropriation is an assumption of any of the rights of an owner. This means D only has to assume one right.
List the rights of an owner as defined in the context of appropriation.
- Right of possession
- Right to lend or hire property
- Right to destroy property
- Right to consume property
- Right to dispose of property
According to PITHAM AND HEHL, what is included in the rights of an owner?
Right to sell property.
In S.3, under what condition can property that was acquired innocently be appropriated later?
If D keeps it or deals with it as if they were the owner.
What does GOMEZ state?
An appropriation can occur even if the owner consented to D taking it. + An appropriation occurs as soon as one of the owner’s rights is assumed.
What does HINKS state?
There can be an appropriation even if the owner has made a legal gift to D.
What types of property does S.4(1) include?
- Money
- Real property
- Personal property
- Things in action
- Intangible property
What is considered real property?
Land, plants, buildings.
What is personal property?
All moveable items.
What does ‘things in action’ refer to?
Rights which can be enforced against another person by court action.
In what situations can real property be stolen in a domestic setting according to S.4(2)?
If D severs something from the land or if D is a tenant and removes something considered a fixture of the rented accommodation.
When can picking mushrooms or flowers be theft according to S.4(3)?
If taken for sale or reward or other commercial purpose.
What does S.4(1) KELLY AND LINDSAY state?
Dead bodies and body parts can be considered property if they have been treated in some way.
What does S.4(4) state about wild creatures?
They are not personal property unless tamed or ordinarily kept in captivity.
According to S.5(1), who is property regarded as belonging to?
Any person having possession or control of it or having in it any proprietary right or interest.
What does TURNER state?
It is possible to steal your own property if it is in someone else’s possession or control and they have in it any proprietary interest.
What does WOODMAN state?
It is possible to be in possession or control of property even without knowing it is there.
What does S.5(3) DAVIDGE v BUNNETT state?
Where property is handed over to D by V and there is a legal obligation on D to keep it or deal with it in a particular way, then it is still regarded as belonging to V.
What does S.5(4) ATTORNEY GENERALS REFERENCE state?
Where D receives property by mistake and there is a legal obligation to give it back then it still belongs to another.
In what scenario does property not belong to another?
If it has been abandoned.
What does S.1(2) state about dishonesty?
D can be dishonest even if he appropriates the property without a view to gain, the motive of D is irrelevant.
What does S.2(2) state?
An appropriation of property may be dishonest even though D is willing to pay for the property, this prevents D taking what he likes regardless of Vs wishes.
What situations under the 1968 Act are not considered dishonest.
S.2(1)(a) D believes he has a right in law to deprive the other of it.
S.2(1)(b) D believes he would have consent if the other knew of the circumstances.
S.2(1)(c) D believes the owner cannot be discovered by reasonable steps.
What does SMALL state?
D’s belief in the situations only has to be genuine, not reasonable.
What is the test for dishonesty established in IVEY v GENTING CASINOS?
Bearing in mind what D knew or believed the facts to be, was D’s conduct dishonest by the standards of ordinary decent people?
What does VELUMYL state?
D will still have an intention to permanently deprive if he picks up property, then changes his mind and puts it back.
What does S.6 DPP v LAVENDER state?
D will be regarded as having an intention to permanently deprive where although he does not mean V to permanently lose the property itself, D does have the intention to treat it as his own to dispose of regardless of Vs rights.
What does S.6 LLOYD state?
Normally borrowing property is not theft, but it can be where it is in circumstances equivalent to an outright taking or disposal. If D returns it in such a changed state that all its goodness, virtue or practical value has gone.
What does EASOM state?
Conditional intent is not sufficient for the men’s rea of theft.
What does HALL state in response to DAVIDGE v BUNNET?
There must be a legal obligation on D to deal with the property in a particular way.
