Theft Flashcards
Where is theft defined
S.1 of the theft act 1968
Definition of theft
The dishonest appropriation of property belonging to another with the intention to permanently depriving the other of it
S2 theft act element
Dishonestly
S3 theft act element
Appropriates
S4 theft act element
Property
S5 theft act element
Belonging to another
S6 theft act element
With intention to permanently deprive the other of it
What does section 3 define appropriation as
Any assumption by a person of the rights of the owner-means d only had to assume one of owners rights
Morris
House of Lords upheld conviction for theft as d had appropriated property as soon as he changed prices of bottles
Assuming one of owners rights- didn’t have to assume all owners rights
When can property be appropriated even if it was acquired innocently- according to s3
If d later keeps it deals with it as if they were the owner
Which case states that there can be an appropriation even if the owner of the property consented to d taking it
GOMEZ
Gomez
House of Lords held that an appropriation can take place even where the owner consents and reinstated the conviction for theft
Which case states that there can be an appropriation even if the owner of the property has made a legal gift to d
Hinks
Hinks
H/L upheld conviction for theft as there was an appropriation
Didn’t matter that in civil law the gift was valid nor that there was no deception on Ds part
When does the appropriation occur according to Gomez
As soon as on or the owners rights is assumed
What does section 4(1) state that property includes
Money and all other property, real or personal, including things in action and other intangible property
What does money mean
Coins and banknotes
What is real property the legal term for
Land and buildings
What two examples are provided under section 4(2) which state that land/buildings can be stolen if this occurs
- d severs something from the land
- d is a tenant and removes something which is considered a fixture/structure of the rented accommodation
When is picking mushrooms, flowers, fruit or foliage growing wild on land theft of property
If it is taken for sale/reward or other commercial purpose s.4(3)
What does personal property cover
All moveable items
When can dead bodies be personal property under s4(1)
If they have been treated in some way: kelly and Lindsay
When are wild creatures property under s4(4)
If they have been tamed or ordinarily kept in captivity
What is a thing in action
A right which can be enforced against another person by a court action
What does other intangible property refer to
Property that doesn’t exist in a physical sense
What does section 5(1)
Belonging to another
When shall property be regarded as belonging to another
Any person having possession or control of it, or having proprietary right of interest
Who normally has possession or control of property
The legal owner but others can have possession/control
Does the possession/control of the property have to be lawful
No
What does it mean that possession/control of property doesn’t have to be lawful
One thief may steal from another thief
When is it possible to steal your own property and case
If it is under someone else’s possession/control, or someone else has a proprietary interest in it
TURNER
Which case states that it is possible for someone to be in possession/control of property even though they don’t know it’s there
WOODMAN
Does property still belong to another where D receives property by mistake and there is a legal obligation to give it back
Yes- AG REF NO 1
When does property not belong to another
When it has been abandoned
What does the prosecution have to show to prove the mens rea if theft
At the moment d appropriated property, he was acting dishonestly and had intention of permanently depriving other of it
What is the definition of dishonesty
There is no definition of dishonest in theft act
When can d be dishonest under section 1(2)
Even if he appropriates the property without a view to gain
When may an appropriation be dishonest under section 2(2)
Even if he is willing to pay for the property
S.2(1)(a)negative definition dishonesty
D appropriates property in belief that he has in law the right to deprive the other of it, on behalf of himself or a third person
Negative definition of dishonesty s2(1)(b)
D appropriates property in belief he would have others consent if the other knew of the appropriation and circumstances of it
Negative definition dishonesty s2(1)c
D appropriates property in belief that the person to whom property belongs cannot be discovered by taking reasonable steps
Small
Ds belief of negative definitions of dishonesty onoy has to be genuine not reasonable
What must be used for dishonesty if s2 doesn’t apply
The test for dishonestly from the case of ghosh
Ghosh
- was ds act dishonest by ordinary standards of reasonable and honest people
- did d realise his act would be regarded as dishonest by those standards
What is the second mens tea offence that has to be be proved
At the moment d appropriates the property, he had the intention of permanently depriving the other of it
Vellumyl
He had intention to permanently deprive the company of the actual banknotes which he had taken from the safe
It didn’t matter he intended to replace them with other bank keys to same value
where will d be regarded as having intention to permantly deprive under s6
where although he doesn’t mean v to lose the property permanently, d has the intention to treat it as his own to dispose of regardless of the other’s rights
DPP V LAVENDER
his taking of the doors amounted to theft as he was intending to treat the doors as his own to deal with regardless of the council’s rights
why is borrowing property not normally theft
d does not have the intention to permanently deprive
when can borrowing property amount to theft under s6 and authority
it can be where it is for a period of time and in circumstances making it equivalent to an outright taking or disposal LLOYD
LLOYD
his intention was not to return the films in such a changed state that all their goodness, virtue or practical value was gone
what is a conditional intention to permanently deprive
where d picks up and examines property intending to take it if it is worth stealing
case relating to conditional intention to permanently deprive
EASOM
principle in easom
even though he had conditional intent to permanently deprive, this was not sufficient for the crime of theft
