Theft

Question 1

Where is theft defined?

Answer 1

Section 1 of the Theft Act 1968.

Question 2

What is the definition of theft?

Answer 2

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Question 3

What are the actus reus elements of theft?

Answer 3

• Appropriate
• Property
• Belonging to another

Question 4

What are the mens rea elements of theft?

Answer 4

• Dishonesty

- Intention to permanently deprive

Question 5

What does section 2 (1) give guidance on?

Answer 5

Three behaviours which are not dishonest;

(a) where the defendant believes he has a lawful right to the property.
(b) where the defendant believes he would have the owner’s consent if they knew of the appropriation.
(c) where the defendant believes the owner of the property cannot be traced by taking reasonable steps.

Question 6

Does the defendant’s belief have to be reasonable when relying on section 2 (1)?

Answer 6

No, just genuine as in Small (abandoned car) and Holden (tyres).

Question 7

What does section 2 (2) state?

Answer 7

A person cannot say they are willing to pay or leave money without consent to appropriate, as this is still theft.

Question 8

What is the leading case on dishonesty and what did it set out?

Answer 8

Ghosh, which gives two questions;

1. Was the defendant dishonest by the standards of reasonable and honest people?
2. Did the defendant realise they were dishonest by these standards?

Question 9

How is appropriation defined and in which section is it covered?

Answer 9

Any assumption of any of the rights of the owner, in section 3.

Question 10

What are some rights of owners?

Answer 10

Selling, destroying, possession and consuming.

Question 11

Which case decided that the defendant need only usurp one right of the owner and not all?

Answer 11

Morris.

Question 12

What did the case of Lawrence consider?

Answer 12

Where the victim consents to the taking of property.

Question 13

What did the case of Hinks decide?

Answer 13

Appropriation can take place with consent, even without deception.

Question 14

What does the case of Gomez mean?

Answer 14

Appropriation takes place at one point in time.

Question 15

What does section 3 (1) make clear?

Answer 15

There is an appropriation where the defendant acquires property without stealing but later decides to keep or deal with the property as an owner.

Question 16

What does section 3 (2) make clear?

Answer 16

Where a person buys stolen goods in good faith this is not theft.

Question 17

What is the definition of property and where is it found?

Answer 17

Property is money and all other property, real or personal, including things in action and other intangible property. The definition is in section 4.

Question 18

What was held to be property in Kelly and Lindsay?

Answer 18

Body parts.

Question 19

Which section states that land can be stolen?

Answer 19

Section 4 (1).

Question 20

What are the three situations under which land can be stolen in section 4 (2)?

Answer 20

(a) where a trustee or personal representative breaches his duty as a trustee or personal representative.
(b) when someone not in possession of the land severs anything forming part of the land from the land.
(c) when a tenant takes a fixture or structure from the land let to him.

Question 21

What is a thing in action?

Answer 21

A right enforceable by law, such as a bank account.

Question 22

What is an example of intangible property?

Answer 22

A patent.

Question 23

What has held not to be property?

Answer 23

Knowledge of confidential information.

Question 24

What does section 4 (3) state?

Answer 24

Wild mushrooms or flowers which are picked do not constitute theft unless they are picked for some other commercial gain or purpose.

Question 25

What does section 4 (4) state?

Answer 25

A person cannot steal a wild creature not normally contained in captivity.

Question 26

How does section 5 (1) define belonging to another?

Answer 26

Any person having possession or control, or having any proprietary right or interest.

Question 27

Why is the definition of belonging to another so wide?

Answer 27

To save the prosecution having to prove the property belonging to another.

Question 28

What happened in Turner?

Answer 28

A man was convicted of stealing his own car.

Question 29

Can someone be in possession of something they do not know is there?

Answer 29

Yes, as in Woodman.

Question 30

What happened in Webster?

Answer 30

The defendant had control of an item, but the MoD had a proprietary interest in it so he was convicted of theft when he sold it.

Question 31

When can a defendant be guilty when property does not belong to another?

Answer 31

Where a trustee steals trust property, where property is received under obligation and where property is received by mistake.

Question 32

Which cases demonstrated property received under obligation?

Answer 32

Hall and Klineberg and Marsden.

Question 33

Which section is intention to permanently deprive covered in?

Answer 33

Section 6.

Question 34

What did Velumyl show?

Answer 34

There is still intention to permanently deprive where the defendant intends to replace removed cash.

Question 35

What did the case of Lloyd hold?

Answer 35

Borrowing is not intention to permanently deprive unless it was borrowed until the goodness and the virtue had gone from the item.

Question 36

Is conditional intent enough for theft?

Answer 36

No.

Question 37

What are four problems with the law of theft?

Answer 37

1. Conflict between civil and criminal law on gifts.
2. Wide variety of acts can be considered as appropriation.
3. The phrase intention to permanently deprive is not necessary and more could be convicted if it was removed.
4. The Ghosh test leaves too much to the jury to decide.