Theft

Question 1

Defined in?

Answer 1

Section 1 of Theft Act 1968

Question 2

Elements?

Answer 2

Appropriation - s3
Of property - s4
Belonging to another - s5
Dishonestly - s2
Intention to permanently deprive - s6

Question 3

Actus reus?

Answer 3

Appropriation
Of property
Belonging to another

Question 4

Appropriation:

Answer 4

Section 3(1) Theft Act 1968
Assuming the rights of the owner
E.g treating the property as if it’s yours

Question 5

Appropriation cases:

Answer 5

R v Morris - changing price of item in shop

Lawrence v MPC - appropriation can take place with consent

R v Gomez - HL confirmed appropriation can occur with consent

R v Hinks - can be appropriation even if D was given property as a gift

Question 6

Property:

Answer 6

Section 4 -includes money and all other property including things in action and intangible property (debts, copyright)

Section 4(2) cannot steal land unless D takes something from it like soil

Section 4(3) cannot steal mushrooms, fruit or wild flowers as long as they are not sold

Section 4(4) cannot steal wild animals unless they are tamed or kept in captivity

Question 7

Property cases:

Answer 7

Oxford v Moss - confidential information is not property and therefore cannot be appropriated

R v Akbar - stealing actual exam paper itself would be appropriation

Question 8

Belonging to another:

Answer 8

Section 5(1) - property regarded as belonging to any person having possession or control of it, or having any proprietary right or interest

Question 9

Belonging to another cases:

Answer 9

R v dyke and Munro - d must be charged with theft of the property from the owner

D can steal his own property:
R v Turner - d took car back after repairs without paying

Question 10

Obligation to use property in a particular way:

Answer 10

Section 5(3) 
Covers occasions where money is given to someone for a particular purpose 

R v wain - d raised £3000 for a telethon but was guilty when he spent the money himself

Question 11

Property acquired by mistake:

Answer 11

Section 5(4) - if a shop gives out too much change, under section 5(4) the excess change still belongs to them and if D keeps it then he can be guilty of theft

A-G Ref - D was overpaid wages by her employers. The CA said she was legally obliged to return the money

Question 12

Mens rea of theft?

Answer 12

Dishonesty

Intention to permanently deprive

Question 13

Dishonesty

Answer 13

D not dishonest if :
Section 2(1)(a) - D takes something he thinks is his

Section 2(1)(b) - D borrows something he thinks the owner would let him

Section 2(1)(c) - D finds something that the person who owns it would not be discovered even if reasonable steps are taken

Belief does not have to be reasonable, just honest

Question 14

Dishonesty cases

Answer 14

R v small - d not guilty when he took a car he thought was abandoned

Question 15

Ghosh test?

Answer 15

2 stages

Was D’s conduct dishonest by the standards of reasonable, honest people?
If so..
Did d realise that his conduct was dishonest by those standards

If yes to both, d is dishonest

Question 16

Intention to permanently deprive:

Answer 16

Section 6(1) - intention to permanently deprive will exist where D’s intention is to treat the property as his own

E.g D steals V’s property in order to sell it back to him or demand a ransom

Question 17

Intention to permanently deprive cases:

Answer 17

R v Marshall coombes and Eren - D’s guilty of theft as disposed of tickets regardless of London underground’s rights

R v lavender - D used doors taken from one council property to replace doors in another. He treated the doors as his own

R v velumyl- D took money from safe, permanently deprived as he could not return the exact same notes