Theft Flashcards
Section 1 Theft Act 1968
A person is guilty of theft if they dishonestly appropriate property belonging to another, with the intention of permanently depriving the other of it.
Section 2: Dishonestly Section 3: Appropriates Section 4: Property Section 5: Belonging to another Section 6: With intention to permanently deprive
Actus Reus
Section 3: Appropriation
Section 4: Property
Section 5: Belonging to another
Mens Rea
Section 2: Dishonestly
Section 6: With intention to permanently deprive
Section 2: Dishonestly
The theft Act does not define dishonestly. Section 2(1) provides three situations when an appropriation will NOT be dishonest: Section 2 (1)(a): when the defendant believes he has a legal right to the property (R v Robinson) Section 2 (1)(b): when the defendant believes he would have the owners consent to take the property (R v Holden) Section 2 (1)(c): when the person whom the property belongs cannot be discovered by taking reasonable steps (R v Small)
Section 4: Appropriation
Section 3 states that appropriation can occur in two ways:
By assuming the rights of the owner
Receiving property innocently (without stealing it) but later assuming the some right of the owner
Appropriation: R v Morris
In this case, switching price labels was said to be an appropriation, even though nothing was taken
It was held that appropriation is any adverse interference with the owners rights
Appropriation: R v Lawrence
A foreign student did not speak English and offered a taxi driver his wallet to take the money for his fare. The Taxi driver took far too much, and was charged with theft.
The court said that even though V had consented to the appropriation, it was still theft because D had obtained the consent by deceiving V.
Appropriation: R v Gomez
D worked in an electrical goods shop, and he allowed his accomplice to use fake cheques to obtain goods.
Just as in the case of Lawrence, The court said that even though V (the shop owner) had consented to the appropriation, it was still theft because D had obtained the consent by deceiving V.
Appropriation: R v Hinks
A woman D was the carer of an older man of low intelligence, and persuaded him to make gifts to her totalling some £60 000. The jury convicted her of theft.
The House of Lords said there can be an appropriation even where the victim gives the money voluntarily to the thief, if D was dishonest.
Section 4: Property
Defined in section 4 of the Act
Includes money and all other property, real or personal, including intangible property”
Does not include:
Land
Not wild plants, fruit or animals, unless taken for commercial purposes (or if the animals were in captivity)
Property: Oxford v Moss
A Liverpool University student obtained a copy of an examination paper that he was due to sit.
He was acquitted because information is not “property”, and he had not stolen the actual piece of paper itself.
Property: R v Akhbar
A teacher stole exam papers to pass the information on to her students
She was convicted of theft because she had stolen the actual piece of paper itself
Section 5: Belonging to Another
Defines belonging to another as property which shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary interest
Belonging to another: R v Turner
D took his car to a garage for repairs, and told them he would return next day to pay for the repairs and collect the car. He came back and took it that evening using his spare set of keys.
He was convicted of theft. Your own property can “belong to another” if there is an outstanding debt on it
Belonging to another: R v Davidge and Bunnett
The defendant shared a flat with several other people who gave her cheques to pay for the gas bill. D spent the proceeds on Christmas presents and left the flat without giving notice.
The court said that if property is given to you for a specific purpose, it still “belongs to another” and D cannot use it for any other purpose.
Belonging to another: AG Reference No1 1985
The defendant, a policewoman, was overpaid. The money was credited to her bank account as a result of an error by her employer.
The court said she was under an obligation to repay it from the moment she realised. Where property is received by mistake, it still “belongs to another
Belonging to another: Williams v Phillips
The court is very reluctant to say property is ownerless.
In Williams v Phillips The court said even the rubbish that people put outside their houses is not “ownerless”
The test is - Would the original owner have minded anyone else appropriating the property?
Section 6: with intention to permanently deprive
Treat the thing as his own to dispose of, regardless of the owners rights
Intention to permanently deprive: R v Warner
The defendant took a tool-box to annoy the owner but panicked and hid it when the police were called. He claimed that he intended to replace it as soon as he could do so undetected.
The court said that even long-term or indefinite borrowing might not amount to an intention to deprive.
Intention to permanently deprive: R v Velumyl
A man D borrowed £1000 from the office safe without authority, intending to return the same amount when a friend repaid a debt. He was convicted of theft
The court said that this was still intention to permanently deprive, because D was not replacing the same notes as he had taken.
Intention to permanently deprive: R v Lloyd & R v Beecham
These cases say that when something is borrowed and then returned, we should ask whether the value has been taken out of the property.
Mode of Trial and Penalties
Theft is triable either way offence
If tried on indictment, the maximum sentence is 7 years imprisonment.
