Theft Flashcards
What she come of he theft act 1968 is appropriation
Section 3
S1 theft act 1968
To dishonestly appropriate property belong to another with intention to permanently deprive another of it.
S3(1)Assuming rights of the owner includes
Selling keeping lending taking
S3(2)
If D thinks he is buying goods In good faith and then realises they are stolen he is appropriating property and if not action is taking this will account to theft
What is selling as assumption of rights
Offering to sell another’s goods is appropriation where the actor is in a position to carry out the sale.
PITHAM AND HEHL
When does appropriation occur. Historical
When the d went beyond what he was allowed to do. SKIPP
What’s the current law on appropriation
There can be appropriation and theft even when the D is only doing what he is allowed to do
Gomez
Lawrence
Appropriation is usually a one off occurrence not a continuing process
Atakpu
S4 property s4(1) what does property include
Money
Land (three limited situations)
Tangible things e.g. Books pencils food
Intangible things e.g shares insurance
What does property not include
1) Information - oxford v moss
2) land s4(2) - where the D in position of trust.
- someone who isn’t in possession
- Where a tenant in possession
3) things growing wild s4(3) unless cultivated or for commercial purposes
4) wild animals s4(4) unless tamed
5) human body parts KELLY
S5 belonging to another s5(1) property appropriated must belong to another. Someone else must have possession or control of it or have proprietary interest.
Who has sufficient rights to be protected by the criminal law
Owner
Someone who has proprietary interest
Someone who has possession or control
Property can be stolen from anyone in possession not just the owner e.g library book
Owner can be liable for stealing their own goods if they are stealing from someone who has lawful possession.
Turner.
S5(3) receiving property for a particular purpose
If the property is received with an obligation to deal with it in a particular way the property will be held to belong to another
Hall - travel agent
Davidge v bunnett - gave money for bill used for
Xmas presents
Wain - charity
S5(4) receiving property by another’s mistake.
If a person receives property by another’s mistake the money belongs to the original owner.
AG reference no1- d overpaid and didn’t say anything. CA held that s5(4)applied so guilty
2 men’s rea specific intent crimes. No stature definition of dishonesty so case law.
No statute def so we rely on case law.
Ghosh two stat test
What is the two stage test in ghosh
Was the D dishonest according to the reasonable person in the street
Did the D realise a reasonable person would think it to be dishonest.
What examples does the statute give of dishonesty
Still dishonest if appropriation not with view to gain or for the accused own benefit. -Robin Hood rule
Still dishonest if intending to pay for goods or leaves money in its place.
What examples doe statue give that isn’t dishonest
Honest belief that
Legal right. Robinson holdon
Owner would consent
Owner cannot be found Adrian small
S6 intention to permanently deprive
Need only to intend to permanently deprive not actually permanently deprive
What are the two limbs of s6(1)
1st limb. D intended to treat property as their Own to dispose of. Lavender.
2nd limb - borrowing May amount to treating property as their own to dispose and if for a period of time lead to outright taking. E.g borrowing and refusing to give it back or e.g. D intended to use the property up and return it with all it’s goodness and vertue gone. Bagshaw Lloyd
S6(2) taking unacceptable risk with property is treating it as their own to dispose of
E.g gambling
What is it no defence to do?
Return similar property. Velumyl
