Theft Flashcards
Where is theft defined and what is the definition?
S1(1) Theft Act 1968 - a person is guilty of theft is he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it
What are the section numbers for each element of theft?
S2 - dishonestly S3 - appropriates S4 - property S5 - belonging to another S6 - intention to permanently deprive
What does section 3(1) define appropriation as?
Any assumption by a person of the rights of an owner
What does the case of R v Morris show?
It is enough to prove that D had assumed any one of the rights of an owner
Which case shows that there can be appropriation even when the victim consents?
Lawrence v MPC
What is the principle in R v Hinks?
Accepting a gift may sometimes amount to an appropriation
What section states that there can be an appropriation where D comes across property innocently?
S3(1)
How does S4(1) define property
Property includes money and all other property, real or personal, including things in action and other intangible property
Land can’t be stolen unless…. (with section number)
S4(2)
- someone severs anything considered part of the land
- a tenant takes a fixture or structure from land let to him
- someone legally entrusted to look after land abuses their power
Wild plants cannot be stolen unless…. (with section number)
S4(3) - unless picked for sale, reward or other commercial gain
Wild animals cannot be stolen unless…. (with section number)
S4(4) - unless they’ve been tamed, are normally in captivity or have been reduced into someone’s possession
What case shows that bodily fluids are property and can be stolen?
R v Welsh
Which case shows that information/knowledge is not property? What is the contrasting case?
Oxford v Moss
In R v Akbar, D took the actual exam paper which counts as personal property and so can be stolen
What is the section number and definition for belonging to another?
S5(1) - includes anyone with possession or control of the property or a proprietary right/interest in the property
What does the case of R v Turner show?
The legal owner of property is capable of its theft if it is under the possession of someone else
What is shown in S5(3) and what is the case for this?
If D receives property and is under a legal obligation to use it in a particular way, it will still be treated as belonging to another
Davidge v Burnett
What is shown in S5(4) and what is the case for this?
If D receives property by mistake and is under a legal obligation to return it, that will still be treated as belonging to another
S2(1)(a) - Robinson
D is not dishonest if he believes he has a legal right to deprive the other of the property
S2(1)(b) - Holden
D is not dishonest if he believes the owner would have consented to the appropriation if they knew of it and its circumstances
S2(1)(c) - Small
D is not dishonest if he believes the owner cannot be discovered by taking reasonable steps
What is the Ghosh test for dishonesty?
- D’s conduct would be considered dishonest by the ordinary standards of reasonable and honest people
- D was aware his conduct would be considered dishonest by the ordinary standards of reasonable and honest people
How does S6(1) define an intention to permanently deprive?
Intending to treat the property as one’s own to dispose of, regardless of the owner’s rights
What else does S6(1) state?
Borrowing can amount to an intent to permanently deprive if it is kept for such time and in such circumstances that it amounts to an outright taking
Which case shows that even if the property remains under ownership of V, D can still treat the property as his own
DPP v Lavender
Which case shows that D will not be guilty if he only had intention to temporarily deprive?
R v Warner
What does the case of R v Velumyl show?
D can still be guilty even if he has the intention of replacing the items (as he has the IPD of that exact item)
What does R v Lloyd show about borrowing items?
Borrowing can amount to an IPD if the ‘goodness, value and virtue’ has been removed
What case shows that conditional intent will not be sufficient for theft?
R v Easom
