Theft Flashcards
Where is theft defined?
Section 1 of the Theft Act 1968.
What is the definition of theft?
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 elements of theft?
- Appropriate
- Property
- Belonging to another
What are the mens rea elements of theft?
- Dishonesty
- Intention to permanently deprive
What does section 2 (1) give guidance on?
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.
Does the defendant’s belief have to be reasonable when relying on section 2 (1)?
No, just genuine as in Small (abandoned car) and Holden (tyres).
What does section 2 (2) state?
A person cannot say they are willing to pay or leave money without consent to appropriate, as this is still theft.
What is the leading case on dishonesty and what did it set out?
Ghosh, which gives two questions;
- Was the defendant dishonest by the standards of reasonable and honest people?
- Did the defendant realise they were dishonest by these standards?
How is appropriation defined and in which section is it covered?
Any assumption of any of the rights of the owner, in section 3.
What are some rights of owners?
Selling, destroying, possession and consuming.
Which case decided that the defendant need only usurp one right of the owner and not all?
Morris.
What did the case of Lawrence consider?
Where the victim consents to the taking of property.
What did the case of Hinks decide?
Appropriation can take place with consent, even without deception.
What does the case of Gomez mean?
Appropriation takes place at one point in time.
What does section 3 (1) make clear?
There is an appropriation where the defendant acquires property without stealing but later decides to keep or deal with the property as an owner.
What does section 3 (2) make clear?
Where a person buys stolen goods in good faith this is not theft.
What is the definition of property and where is it found?
Property is money and all other property, real or personal, including things in action and other intangible property. The definition is in section 4.
What was held to be property in Kelly and Lindsay?
Body parts.
Which section states that land can be stolen?
Section 4 (1).
What are the three situations under which land can be stolen in section 4 (2)?
(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.
What is a thing in action?
A right enforceable by law, such as a bank account.
What is an example of intangible property?
A patent.
What has held not to be property?
Knowledge of confidential information.
What does section 4 (3) state?
Wild mushrooms or flowers which are picked do not constitute theft unless they are picked for some other commercial gain or purpose.
