Theft

Question 1

Which act gives the definition ?

And what is the definition?

Answer 1

S1 of the theft act 1968

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

Question 2

AR

Answer 2

Appropriates

Property

Belonging to another

Question 3

MR

Answer 3

Dishonesty

Intention to permanently deprive the other of it

Question 4

1) appropriation

Answer 4

Defined in S3 theft act

Appropriation means assuming the rights of the owner of the property

The rights of an owner include: selling the property or destroying it, possessing it, consuming it, using it, lending it, hiring and selling it as in (pitham and Hehl)

Not all the rights need to be assumed any will suffice- morris

Corcoran v Anderton - forcible tugging of an item even if the V doesn’t let go is appropriation

Question 5

What if the goods where acquired innocently ?

Answer 5

S3(1) - even if the D came across the goods innocently without stealing them, any later assumption of rights and intent to keep it or deal to the previous owner is appropriation

Question 6

Consent to appropriation ?

Answer 6

Whether there could be appropriation if the owner gave consent was first brought up in the case of -LAWRENCE

The point was then reconsidered in -GOMEZ

It was held that there can be appropriation even if the owner consented to the release of the goods.

Question 7

2) PROPERTY

Answer 7

S4(1) TA

Property includes money and all other things real or personal, including things in action and other intangible property”

Thus the definition consists o:
Money
Real property 
Personal property 
Things in action 
Other intangible property

Question 8

Real property

Answer 8

S4(1) land can be stolen

S4(2) states that this may only happen in three circumstances :

1) A trustee or personal representative takes land in breach of his duties as a trustee or personal representative
2) someone not in possession of land appropriates or severs anything forming part of the land from the land
3) a tenant takes a fixture or structure from the land let to him

Question 9

Things in action?

Answer 9

A thing which you cannot touch

E.g. Bank accounts

Question 10

Other intangible property

Answer 10

Things that have no physical appearance but that can be stolen under the TA

E.g. A patent

Oxford v moss- stealing exam answers (confidential information) is no theft

Question 11

Things that can’t be stolen

Answer 11

S4(3) and (4)

S4(3) concerns plants and fungi growing wild, therefore can steal cultivated plants

If wild plants are stolen with intent to sell then it is theft

S4(4) wild animals stolen from an estate is not theft, but animals from zoos is theft

Electricity
Electricity is another sort of intangible property which cannot be stolen, but there is a separate offence under s11 of the TA of dishonestly using electricity without due authority, or dishonesty causing it to be wasted or diverted.

Question 12

Element 3: Belonging to another

Answer 12

For it to be theft, the property must belong to another

S5(1) any possession or control of the property or even proprietary interest is sufficient

One reason for the wide definition is so that the prosecution does not have to prove who the legal owner is

Question 13

Possession or control

Answer 13

The owner has possession and control

But there are circumstances where a person can have either possession or control

The possession and control does not need be lawful- someone can steal stolen goods off a thief and it is theft

Woodman- they can be in possession and control even if they don’t know its there

Turner(02) owner stole his own car

Williams and phillips- recycling/rubbish thrown out belongs to the council

Question 14

What does S5 state?

Answer 14

D can be guilty of theft even if the property does not belong to another, this is where he has been acting dishonestly and has caused a loss to another or made a gain.

Trust property- where a trustee can steal it
Property received under an obligations
Property received by another mistake.

Question 15

Property received under obligation

Answer 15

S5(3) under this subsection where property has been given to be dealt with in a particular way and this is not done- there can be theft

As seen in Davidge v bunnet and Wain

However, in hall 1972- there was no theft as there had been no special arrangements for the deposits to be used in a particular way and contrast this with

Klineburg and Marsden- where the was a clear obligation to deal with deposits in a particular way - therefore there was theft.

S5(4)- where you are given something by mistake and have a legal obligation to give it back, keeping it may be theft

AG’s ref (no1 of 1983)

Question 16

MR

Answer 16

S1

1) D must have acted dishonestly
2) with the intention to permanently deprive the other of it

Question 17

Dishonesty

Answer 17

The first point which needs to be proved for the MR of theft is that when the D appropriated the property, he did so dishonestly

There is no definition of what is meant by dishonesty in the Actives but s1(2) basically says if all the elements of theft are present, the motive of the D is not relevant

The D does not have to gain anything from the theft, so destroying property belonging to another can be theft

Theft can also be charged where the D does not destroy the others property but throws it away.k