Theft

Question 1

Theft Definition

Answer 1

theft is defined in s.1(1) of the theft act 1968,a person is guilty of theft is he dishonestly appropriates property belonging to another with the intention to permanently depriving the of other of it

Question 2

actus reus of theft

Answer 2

there are 3 elements of the actus reus that must be met in order for the defendant to be gulity of theft,Appropriation s.3(1)
Property s.4(1)
Belonging to another s.5

Question 3

appropriation s.3(1)

Answer 3

the first element of the actus reus is appropriation. Appropriation is defined under s.3(1) of the theft act 1968. appropriation is any assumption by a person of the right’s of an owner amounts to an appropriation this includes where he had come by the property (innocent or not)without stealing it an example of this is seen in the case of r v pitham and hehl,the defendant’s sold furniture belonging to another person and it’s person’s house. this was held to be appropriation.additionally,the cases of lawrence,gomenz,hink showed that taking property with the owner’s consent can be appropiation if there is dishonest intent

Question 4

Property S.4(1)

Answer 4

the second element of the actus reus of theft is property is defined S.4(1).property includes money and all other property real or personal including things in action and other tangible property. the case of rv welsh showed that even bodily fluids can be classed as property.

Question 5

belonging to another section 5(1)

Answer 5

belonging to another
the third element of the actus reus of theft is belonging to another.this is defined in section 5(1) sets outs that for there the property must belonging to another. This means that it is in their possession or controil.in the case of luther ,the defendant tried to take his car without paying from garrage that carried out

Question 6

Mens Rea of Theft

Answer 6

Dishonesty (s2)
Intention to permanently deprive s6(1)

Question 7

Intention to permanently deprive s.6(1)

Answer 7

intention is to treat the thing as his own to dispose of regardless of their rights and a borrowing or lending,equivalent to an outright taking or disposalthere is an intention to come and deprive the owner as een in the case of dpp v lavenderwhere the defendant used doors from a council property to replace damaged doors in his girlfriend by moving without permission,

Question 8

DISHONESTY
s2

Answer 8

‘Theft Act 1968 s.2(1) gives three instances of when a person is not to be regarded as dishonest:
(a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or
(b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
(c) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.’
al long as D truly believes one of these 3 things then D is not guilty of theft.this was established in te case of ivey test what was the defendant’s knowledge or beliefs astonish act, does the defendant’s conduct be deemed dishonestly by the standard of an ordinary person