Theft Flashcards
What act is theft defined under?
Theft Act 1968 (amended in 78)
What section defines theft?
s1
What is the definition of theft?
Dishonestly appropriating property belonging to another with intention to permanently deprive
What are the section numbers for each element of theft?
s2- dishonest s3- appropriation s4-property s5- belonging to another s6- intention to permanently deprive
What is appropriation?
Assuming any of the rights of the owner
Are the rights of the owner defined?
No
What cases said that you only have to assume one of the rights of the owner?
Morris and clarified in Gomez
What can appropriation include?
Taking, selling, destroying, touching, hiring out, consuming
Can appropriation occur after a possession has been taken?
Yes eg offering to sell someone a book that you have borrowed from someone else
Obtaining possession legally case?
Pilgrim v Rice Smith
Case where defendant is not in possession of property?
Pitham and Hehlv
Case where owner consents to actions of the defendant?
Lawrence
What is the definition of a gift under civil law?
donor was mentally competant, the donee has absolute title in the property
What case decided gifts were not appropriation?
Mazo
What case did not follow the rule that gifts are not appropriation?
Hinks- Ordinary people would consider 60’000 and a tv dishonest
Donor was mentally incapable
What case confirmed Gomez that appropriation is not a continuing act?
Atakpu and Abrahams
In what cases can land be stolen?
Removing topsoil, trees, plants, greenhouses
knocking down a wall and stealing the bricks (Cleckheaton)
What case stated knowledge cannot be stolen?
Oxford v Moss
In what situation can wild animals be stolen?
If they are reduced into possession
Can wild plants be stolen?
Only if its taken for commercial use eg selling on the market
Can D steal from joint business?
Only if they have proprietary interest
If the owner lends property to another and it gets stolen, who is it stolen from?
Both people
Doesnt have to be the owner
What case highlighted proprietary interest?
Webster
Which case states that items lost are still the property of the loser?
Rostron and Collinson
What case states that an owner can be liable of stealing their own goods?
Turner
Can abandoned goods be stolen?
No, the owner is indifferent to them
What section is appropriation and gifts?
s3.2
What section is property received for a particular purpose?
s5.3
Which case shows D is liable of theft if they are under an obligation to deal with the property in a particular way which they did not do?
Davidge and Bunnett
What case shows that misappropriation is theft?
R v Cullen
What section is property obtained by anothers mistake?
s5.4
What is the law on gaining by mistake?
Those who gain by mistake are under an obligation to make restoration
Case that shows D gaining by mistake?
Gilks
Why was there not a theft in the case of Edward v Ddin?
AR and MR must coincide. Property must belong to the other when D decides to dishonestly appropriate.
Property had passed and was irretrievable and therefore it did not belong to another
Is there a definition of dishonestly in the act?
No
What are the 3 situations D has not been dishonest and section numbers?
s2. 1a)if he believes he has a legal right to appropriate property (doesn’t have to be reasonable)
s2. 1b)believes he has the owners consent (can be unreasonable)
s2. 1c)taken all reasonable steps to find the owner unless D does not think it would be possible to find the owner
What case demonstrates section 2.1c
Small
What case confirmed that belief for s2.1a and s2.1b does not have to be reasonable
Holden
Can you be dishonest even if you are willing to pay for the property you take?
Yes
What is the first stage of the Ghosh test?
If D has been dishonest by the standards of reasonable and honest people
(if the answer is no then there is no dishonesty therefore no theft)
If the first stage of the Ghosh test is fulfilled, what is the next question to fulfil?
Did D realise they had been dishonest by those standards
If the answer is yes then dishonesty can be established
What case states that if a person borrows money intending to later repay that there is definitely an ITPD?
Velumyl
In what situation can borrowing equate to ITPD?
If its returned in such a changed state that all of its goodness and virtue are gone
What section shows a situation of a borrower?
And how could a borrower have ITPD?
s.6.1- if they borrow it for a period that may equate to outright taking eg borrowing a monthly bus pass
What section covers pawning?
What does it state?
s6.2- if you pawn without permission ITPD even if you intended to pay back the money and retrieve the goods
Why was Lloyd not convicted of theft for borrowing?
He only had intention to temporarily deprive
