Theft

Question 1

What is the act?

Answer 1

D may be liable for the offence of theft contrary to the Theft act 1968

Question 2

What is the definition of theft (s.1)?

Answer 2

The dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it (s.1(1))

Question 3

Actus reus for theft?

Answer 3

D must appropriate property belonging to another

Question 4

Appropriation s.3

Answer 4

Includes any assumption of the rights of the ‘other’ e.g buying, selling or altering. D doesn’t have to assume all rights; one will be sufficient (Morris)

It can be consensual or non consensual as it doesn’t have to be an adverse interference with rights (Lawrence; Gomez) it can even include a gift (Hinks)

Not all appropriation is theft, the mr must also be satisfied. It has a beginning and an end and the jury will decide when this occurs. It will continue for as long as the D can sensibly be regarded as being in the act of stealing (Atakpu)

Question 5

Property s.4

Answer 5

Includes money, real and personal property which can be tangible and intangible

Question 6

Belonging to another s.5

Answer 6

According to s.5 property belonging to anyone in possession or control of it at the time of appropriation it anyone who has proprietary right or interest in it at the time of the appropriation (Turner No 2)

Even if D in possession, ownership doesn’t transfer if given by mistake (Webster) D has an obligation to make restoration

S.5(3) if given for a specific purpose (earmarked) ownership doesn’t transfer (Hall; Wain; David’s & Bunnett)

Question 7

Men’s rea for theft?

Answer 7

D must be dishonest and he must intend to permanently deprive the other of the property

Question 8

s.2 dishonesty

Answer 8

3 situation where D will not be regarded as being dishonest if he honestly believes them to exist

s. 2(1)(a)- had a legal right to the property (Holden)
s. 2(1)(b)- the owner would consent to the appropriation if they were aware of the circumstances
s. 2(1)(c)- they honestly believed that the owner couldn’t be found by taking reasonable steps (Small)

If aren’t satisfied any apply. They must consider the Ivey Test which replaced the Ghosh Test in 2017. D’s conduct must be regarded as being dishonest according to the ordinary standards of a reasonable and honest person (objective test)

Question 9

s.6 IPD?

Answer 9

D must intent to permanently deprive the other of it
Satisfied where he intends to treat it as his own to dispose of regardless of the owners’ rights (Lavender; Velumyl). Lending and borrowing can also satisfy s.6 if it for a period and in circumstances that make it equivalent to an outright taking (Lloyd; Bagshaw)

You cannot have a conditional intent for theft (Easom)