Theft Flashcards
Definition of theft
Dishonest Appropriation of Property belonging to another with the intention to permanently deprive the other of it
What act and section?
S.1 of the theft act
State the section number for definition
S.2- dishonest S.3- appropriation S.4- property S.5- belonging to another S.6- intention to permanently deprive the other of it
State the ACTUS REUS if theft
Appropriation
Property
Belonging to another
State MENS REA of theft
Dishonest
Intention to permanently deprive the other of it
What is appropriation
Assuming rights of owner E.g Selling Destroying Consuming it Using it Lending it...
What are facts of PITHAM V HEHL?
D sold furniture belonging to another person.
Offer to sell= assumption of right
Does there have to be an assumption of ALL rights??
NO…
Demonstrated in Morris
State facts of Morris
D switched price labels of 2 items in supermarket and bought the items with the lower price
Consent to appropriation case?
Lawrence
State facts of Lawrence
Italian student asked taxi driver to take money for journey but he took more than it cost.
Appropriation
State facts of Gomez
D persuaded manager to sell electrical goods and to accept payment of cheques which were stolen and had no value
State facts of Hinks
D befriended a naïve man with low IQ and accepted £60,000 worth of gifts and money
APPROPRIATION
Ordinary and decent person would regard it as dishonest to accept gift from him
What includes property?
Money
Real property
Intangible property Personal property
Things in action
What did the case of KELLY + LINDSAY hold?
Dead bodies and body parts can be personal property for the purposes of theft
State facts of KELLY + LINDSAY
Kelly was a sculptor and asked Lindsay to take body parts from surgery where he worked
Guilty of theft
State facts of ATT.GEN. HONG KONG V CHAN
export quota for textile was intangible property
Can be stolen
State facts of OXFORD V MOSS
University student SAW copy of exam paper was not guilty of theft because “information/knowledge” can’t be stolen
Knowledge of examination paper was held not to be property
What can not be stolen?
Wild mushrooms Fruit Flowers Foliage In wild.. Wild creatures which are not under possession
What case held that it was possible to steal your own property
TURNER
State facts of TURNER
Turner took his car to garage to get repaired. He drove off without paying for it.
Reason: garage had proprietary right and possession/ control of his car till bill was settled
State factors of belonging to another
- Property is regarded to belonging to any person having possession or control or any proprietary right
- Property belongs to the other where it is received under an obligation to retain or deal with it in a certain way
- Property received by mistake where there is a legal obligation to make restoration belongs to the other
State facts of MEREDITH
Police removed D’s car as it was causing an obstruction.
D didn’t steal own car as the police had no “right” or any “costs” to settle.
What were both cases
GREENBERG
EDWARDS V DDIN
Both cases filled petrol tanks of cars and left without paying
Held: NOT THEFT
Can you steal abandoned property ?
NO,
If property is abandoned it can’t be theft because it belongs to no one
Facts of WEBSTER?
D (army sergeant) received 2 medals by mistake so he sold one
Theft
Army had proprietary interest in medal
Is borrowing or lending theft?
No..
Unless it is for an extortionate amount LG time
State facts of ATT.GEN REF
D’s salary was paid into her bank account but she was overpaid by manager.
D was “under an obligation to make restoration”
Conditional intent cases
EASOM
HUESSIN
MORRIS
A-G ref
State facts of WALKINGTON
D went behind counter and opened till draw in store. There wasn’t anything worth stealing
GUILTY
Entered with intention to steal it is irrelevant whether there was anything worth stealing
