Theft

Question 1

Section 1 Theft act 1968 defines theft as “the dishonest appropriation of property belonging to another

Answer 1

with the intention to permanently deprive”

Question 2

Stage 1- appropriation Section 3 defines appropriation as “assuming the right of an owner”.

Question 3

Morris- any assumption is enough

Answer 3

Gomez- appropriation must be dishonest

Question 4

Side rules-D gets property but decides to keep it-S.3(1).

Question 5

Consent- D had consent to take property but decides to keep it it’s still appropriation- Lawrence

Answer 5

Gifts-You appropiate property even if you receive it as a gift-(Hinks)

Question 6

Stage 2- Property must be stolen S.4 Theft act 1968 only 4 types of property can be stolen

Answer 6

Money, personal, intangible, real property
Can’t: knowledge Oxford vs moss, wild plants animals, electricity

Question 7

Stage 3- the property must belong to another S.5(1)- Property belongs to another if they have possession or control over it, or a right or interest in it

Answer 7

Stealing own property-If someone else has right or interest in your property, you can steal your own propery (turner), Lost property the original owner still has right and interest in it, S.5(1), abandoned propery Owner must have intention (Basildon), Money for certain purpose, S.5(3) use money for purpose Davidge V Bennett, receive money mistake s.5(4) obligation to return money, Ag ref

Question 8

Stage 4- Dishonesty no legal defention, D falls into any of the 3 negatives they are not dishonest,

Answer 8

S2.1(A)- D believe they have a right in law to property
S.2.1(B)- D believed the owner would have consented to the taking
S.2.1(C)- D believes the owner cannot be discovered by taking reasonable steps
3 negatives fail- dishonesty test established in Ivey confirmed in Barton and booth, “was the D dishonest by the standard of a an honest and reasonable person, purely objective test”

Question 9

Stage-5 Intention to permanently deprive, S.6(1)- D intends to continue to treat the property as if it’s their own, regardless of the owners rights.

Answer 9

Side rules- Replace, Even if you intended to replace the stolen property you still have the intention to permanently deprive (Velumyl)
Borrow- If you give the property back but you have taken the goodness value and virtue this is the intention to permanently deprive (Lloyd)
Conditional intent- If you only intend to steal if there is something worth of stealing, this is not an intention to permanently deprive (Easom)