Theft Flashcards
Section and act
Defined in section 1 of the Theft Act 1968
Acrus rea
Appropriation
Property
Belonging to another
Mens rea
Dishonesty
Intention to permanently deprive
R v Atakpu and Abrahams
Appropriation occurs the first time a person assumes the rights of an owner
R v Hinks
Appropriation can occur even with consent
R v Gomez
Any removal of goods from a shelf in a shop is an appropriation
Lawrence v Commissioner of Metropolitan Police
The consent to appropriation of the money was only to the correct amount, not the excess because of the deception
R v Morris
Appropriation does not have to be all the rights of an owner
R v Pitham and Hehl
Appropriation occurred by assuming the right to sell others goods
R v Vinall
Appropriation occurred in the initial taking of the bike and/or the abandoning of the bike
What is appropriation
Any assumption by a person of the rights of an owner amount to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as an owner
What is meant by property
Includes money and all other property, real or personal, including things in action and other intangible property
R v Kelley and Lindsay
Though dead bodies were not normally property, the body parts were property as they had acquired “different attributes by virtue of the application of skill
Oxford v Mass
Information is not property
R v Turner
It is possible to steal your own property
R v Basildon Magistrates Court
Where goods are left for someone, the goods belong to the original owner until the new owner takes possession of them
R v Hall
If property is received under an obligation, it must be dealt with in that way
Attorneys General Reference
She was under an obligation to return the things in action- the overpayment in her bank accounts
What is meant by dishonesty
“It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefits”
R v Robinson
If the defendant believes he has a legal right to the property, then he is not being dishonest
Ivey v Gentin Casinos
Deciding whether or not a defendant’s conduct should be considered dishonest should reflect what ordinary, decent people would consider it to be (objective)
New test for dishonesty
Defendant judged subjectively (genuine belief) and objectively
When are you not considered dishonest
Not considered dishonest when:
Genuine belief they have a right in law to the property
Defendant believes the owners would consent if they knew about the appropriation
The rightful owner cannot be found by taking reasonable steps
R v Velumyl
Even if the defendant intended to replace the money, he still had the intention to permanently deprive the company
R v Lloyd
By returning the film in its original state, it was not possible to prove an intention to permanently deprive
R v Eason
The defendant had not intended to permanently deprive the owner of the bag or items in it so he could not be found guilty
Chief Constable of Avon and Somerset Constabulary v Smith
The defendant had intended to permanently deprive the owner of the cases, so he was guilty of theft
