THEFT Flashcards
define theft from the TA 1968 s1
‘dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it’
where is appropriation defined
s3, with s 3(1) saying that ‘any assumption of the RIGHTS OF THE OWNER amounts to appropriation’.
what does the rights of the owner include and what does this mean to appropriation
selling the property, destroying it, consuming it, possessing it, using it, lending it, hiring it out etc. so there must be an assumption of this for there to be theft (Vinall 20110
is selling property that isn’t yours an appropriation
yes, r v pitham and hehl 1977
does there have to be an assumption of all the owners rights for there to be theft
no Morris 1983
is it still appropriation when there is consent or gifts
yes (Lawrence 1972, Hinks 2000)
Is removing goods of a shelf in a supermarket appropriation
yes gomez 1993
when is appropriation viewed as occurring
at one specific time ( atakpu 1994)
What does s 4 (1) define as property
Property includes money and all other property real or personal including things in action and other intangible property
What are the five types of property
Money Real property Personal property Things in action Other intangible property
What is personal property
Moveable items, can even be hair (Herbert 1961), blood (Rothery 1976), and urine (welsh 1974) and even body parts (Kelly and Lindsay 1998)
What is real property
S 4 (1) land can be stolen if something on the land is severed to be stolen 4 (2)
What are things in action
A right which can be enforced by another by an action in law ie bank account
What is intangible property
Rights that have no physical presence but can be stolen ie electricity. Confidential info CANNOT be stolen Oxford 1979
Give some examples of things which cannot be stolen
4(3) 4(4): plants (growing wild) etc but theft if sold commercially not including charity.
What is belonging to another
S5(1) someone in possession or control
Can you be in posession and control of property without realising
Yes Woodman 1974
Can you be guilty of stealing you own things
Yes turner 1971
When goods are left who is the owner
The original owner before the new one collects it (ricketts 2010)
What is proprietary interest
When someone owns a bit of the property. So you can be guilty of theft by being in posession and control of someone else has PI (Webster 2006)
What does section 5 of TA 1968 say about being guilty of theft if the property doesn’t belong to another
You can be guilty if it’s:
A trustee property where a trustee can steal it
Property received under obligation
Property received by another’s mistake
If you receive property under an obligation what should you do with it
Deal with it how you’re obligated to Klineburg and marsden 1999
What if there is no clear obligation to deal with property in a certain way
Then you don’t have to and therefore NG Hall 1972
Can there be an obligation to deal with property in less formal situations
Yes bunnett 1984
Are you guilty of theft is property is given to you by mistake
If there’s no special provision then it cannot be property belonging to another Attorney gens ref 1985
Does there need to be a legal obligation to restore property
Yes Gilks 1972
What does section 1(2) say about being dishonest
It is immaterial whether the appropriation is made with a view to gain or for the thief’s own benefit
What does section 2(1) say about behaviour that is not dishonest
(A): if he or she believes they have a right in law to deprive the other of it (Holden 1991)/(Robinson 1977)
(B): if they knew they would have the others consent if they knew of the appropriation
(C): the person who the property belongs to cannot be discovered by taking reasonable steps
What is an unreasonable belief
Small 1987 can be unreasonable but as long as the D genuinely believes it then NG
Does being willing to pay make you NG
No 2(2) ‘a persons appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay’
What does the Ghosh 1982 test say
- ) was what was done dishonest by stds of reasonable and honest people
- ) did the D appreciate what was dishonest by these standards
What are some issues with the ghosh test
Ivey and genting 2017 ‘ghosh doesn’t correctly represent the law….no requirement that the D must appreciate what he has done is dishonest’ (if D doesn’t realise what the standards are then NG
Gohill 2007: judges and mags can’t agree on standards of dishonesty
Can someone have the intention to permanently deprive if the D intends to replace the stolen money/ item
No velumyl 1989 as original notes taken
What does Lavender 1994 say about intent to perimanelty deprive
That dispose of is too narrow and can include dealing with property as his own
Is borrowing or lending intent to perm deprive
No unless ‘the goodness, virtue, the practical value has gone from it’ (Lloyd 1985)
What is conditional intent
Looking through a bag to see if anything is worth stealing and then not taking anything isn’t intent to perm deprive Easom 1971
