Theft Flashcards
What section defines theft under the Theft Act 1968?
Section 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 are the Actus Reus (AR) and Mens Rea (MR) of theft?
AR = Appropriation of property belonging to another
• MR = Dishonesty + Intention to permanently deprive
What does ‘appropriation’ mean under Section 3 of the Theft Act 1968?
Any assumption of the rights of an owner – even if the property was acquired innocently.
What case shows that switching price labels is appropriation?
Morris (1983) – D assumed one of the owner’s rights by switching labels.
Does appropriation require lack of consent from the owner?
No – Lawrence (1971) showed appropriation can still occur with the owner’s apparent consent if there is dishonesty.
What does Hinks (2000) tell us about valid gifts and theft?
Even a valid gift can be appropriation if it’s accompanied by dishonesty.
Can appropriation happen at a single point in time?
Yes – Atakpu and Abrahams (1994) confirmed appropriation is not a continuing act.
What is ‘property’ under Section 4 of the Theft Act 1968?
Money and all other property, real or personal, including things in action and intangible things.
Which case showed body parts can be property under the Theft Act?
Kelly and Lindsay (1998) – body parts used for teaching/preservation were considered property.
When can land be stolen under Section 4(2)?
- By a trustee/personal rep in breach of duty
- When someone severs something from land
- When a tenant removes fixtures
What is a “thing in action”?
What is a “thing in action”?
A: A right enforceable by law, e.g., a bank account – Darrow (2018) and Kohn (1979)
What does Oxford v Moss (1979) show?
Information is not property – D not guilty for reading an exam paper he returned.
What is a proprietary interest?
When someone still retains a legal interest in property even if they gave it to someone else – Webster (2006
What does Davidge v Bunnett (1984) show?
Using money for a different purpose than intended can be theft if there’s an obligation.
Can electricity be stolen?
No – but it is an offence under Section 11 to dishonestly use electricity.
What natural things cannot be stolen under Section 4(3)-(4)?
Wild plants, fungi, and flowers unless picked for sale or reward; wild creatures unless tamed or kept in captivity.
What does Section 5 of the Theft Act 1968 define?
Belonging to another’ — property belongs to any person with possession or control of it, or with a proprietary interest in it.
Can you steal your own property under the Theft Act?
Yes – if someone else has a legal right to it.
Case: Turner (No. 2) (1971) – D took his own car from a garage without paying.
What did Ricketts v Basildon Magistrates’ Court (2010) establish?
Property left outside a charity shop was not abandoned – it belonged to the charity once delivery was attempted.
What is a ‘proprietary interest’?
A person can retain rights in property even if someone else has possession or control of it.
Case: Webster (2006) – MoD retained interest in a mistakenly sent second medal.
What does Section 5(3) and 5(4) cover?
s5(3): Property received under obligation (e.g., to spend in a certain way)
• s5(4): Property received by mistake (must be returned)
What happened in Davidge v Bunnett (1984)?
D was guilty of theft for using flatmates’ money meant for bills on personal gifts.
What case supports theft by failure to return money received by mistake?
Attorney-General’s Reference (No. 1 of 1983) (1985) – overpaid wages not returned = theft.
