Theft Flashcards
What is the definition of theft?
A person is guilty of theft when they dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it.
What 3 acts reus must be satisfied in order for theft to occur?
- Appropriation
- Property
- Belonging to another
What is the definition of appropriation?
Appropriation is any assumption by a person of the rights of an owner.
R V Morris-
- Changing the price of an item in a super market amounts to appropriation.
How can an appropriation occur?
With the consent of the victim:
Lawrence V Metropolitan police commissioner-
- Journey should have been 50p, taxi driver took £1 plus £6 from his wallet which he was holding open for him.
- Amounted to theft even though consent to go in waller.
R V Gomez-
- Brought £17,000 worth of goods using stolen cheques.
- Can take place with consent (owner of shop accepted)
Valid gift can also be an appropriation:
R V Hinks-
- Befriended rich man of low intelligence, convinced him to give her £300 each day.
- £60,000 she received was appropriation even though gift (to protect vulnerable).
What is the definition of Property?
Theft act 1968:
S.4.1, Includes all money and all other property real or personal and includes things in action and intangible property.
S.4.2, Cannot steal land or things forming part of land.
S.4.3, Provides that mushrooms, flowers and fruit that are growing wild cannot be stolen.
S.4.4, Wild animals cannot be stolen unless tamed or usually in captivity.
What are the exceptions of S.4.2 regarding real property?
- When he is trusted to sell or dispose if the land and anything on it and they breach this confidence.
- Appropriates from land by severing.
- When a tenant takes something from the land that is let to him.
What is personal property and things in action as well as intangible property?
Personal property is the most usual type of ‘other property’
R V Kelly and Lindsay-
- Kelly stole body parts from college of surgeons where he worked.
- Guilty of theft they regarded body parts as property as skill had been applied.
- Body parts not usually property.
Intangible property is property that does not physically exist e.g. money in a bank.
Oxford V Moss-
- Took exam paper read questions and returned.
- Not charged with theft as cannot steal information. One theft if stole the sheet.
What is the definition of belonging to another?
Regarded as any person having possession or control over it, or having any proprietary right/interest.
R V Dyke and Munro-
- Collected and kept money meant for a children’s charity, charged with stealing money.
- Should not have been charged with stealing from the public but instead stealing from charity as ownership had moved.
Can ownerless property be stolen?
Property it still owned even if it has been lost and the owner is not trying to find it.
Ownerless property cannot be stolen but must ensure it has been completely abandoned before its regarded as ownerless.
R V Rostron-
- Retrieved golf balls from the lake.
- Up to the jury to decide if the golf balls had been abandoned or if the golf course still owned them.
Can a person be guilty when stealing their own property?
May be guilty if another person has proprietary interest over the item.
R V Turner-
- Took his car to garage for repairs and stole the car without paying.
- Guilty of stealing own property as they had possession which was proprietary interest.
Whats the definition of an obligation to use property in a particular way?
If received property from or on account of another they are under the obligation to retain and deal with the property in a particular way.
R V Hall-
- Travel agent who took deposits but then went out of business without booking holidays.
- Not guilty of theft as money was given for security for the booking not for purpose of actually making the booking.
What happens when a person gets property by mistake?
Where a person gets property by another’s mistake they are under obligation to make restoration.
If you receive it by mistake and do not give it back this will be theft.
AGR 1983-
- Overpaid by her employers
- Legally obliged to return it even though she had taken ownership.
What is not regarded as dishonest?
Theft act 1968:
S.2.1 (A) If they honestly believe they have a right in law to deprive the other of it.
S.2.1 (B) Under the belief that they would have permission if the person knew.
S.2.1 (C) If the owner can’t be discovered after all reasonable steps (R V Small)
What is the test for dishonesty?
Was what was done dishonest according to the standards of reasonable and honest people?
Persuasive test decided in:
- Ivey V Genting Casinos.
What is the definition of intention to permanently deprive?
Regarded as intention to permanently deprive if their intention is to treat the thing as their own.
Even if they do not mean the other to permanently lose the thing itself.
R V Velumyl-
- Managed 2 car parks, lent £1,050 from safe with intention to return.
- Guilty of theft as he was not retuning the exact same money that was taken.
