Theft Flashcards
Theft Act and definition
(Theft Act 1968) - dishonest appropriation of property belonging to another with the intention to permanently deprive
Stage 1
Appropriation must be dishonest
section that defines appropriation
+ 2 key laws
S3 as “assuming the rights of the owner”
Morris - any assumption is enough
Gomez - the appropriation must be dishonest
first side rule under S1
If the d gets property and decides to keep it this is still a theft S3(1)
Consent
if the d has consent to take property this is still an appropriation (Lawrence)
Gifts
you can appropriate property even if you receive it as a gift (Hinks)
Stage 2)
Property must be stolen
S4 types of property that can be stolen
money
personal
intangible
real
property that cannot be stolen
wild plans and animals
electricity
knowledge (Oxford v Moss)
Stage 3)
property must belong to another
S5(1) states property must
belong to another if they have possession or control over it
or a right or interest in it
Turner
Stealing your own property if someone else has a right or interest, you can steal your own property
lost property
S5(1) if original owner still has a right and interest in it this is a theft
Basildon
Abandoned property, owner must have intention to abandon
money for a particular purpose
S5(3) you must use for purpose intended (Davidge v bennet)
Receiving money by mistake
S5(4) you are under obligation to return money (AGs Ref)
stage 4
dishonesty
Dishonesty definition
no legal definition, establish whether d falls into any of these 3 negatives if they do they are not dishonest
3 negatives
S2 1A d believes they have a right in law to the property
S2 1B D believes the owner would have consented to the taking
S2 1C D believes the owner cannot be discovered by taking reasonable steps
If none of the 3 negatives apply …
apply the dishonesty test (Ivey & Booth) “ was the d dishonest by the standard of an honest and reasonable person
Stage 5
there must have been an intention to permanently deprive
definition of permanently deprive
S6(1)“ the d intends to continue to treat the property as if it is there own, regardless of the owners rights”
Replace
even if you intend 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 an intention to permanently deprive (Lloyd)
