Theft Act 1968

Question 1

Where is theft defined?

Answer 1

s.1 Theft Act 1968

Question 2

What type of offence is theft?

Answer 2

Triable-either-way

Question 3

What’s the maximum punishment for theft?

Answer 3

7 years imprisonment (set out by s.7 of the act)

Question 4

What’s the definition of theft?

Answer 4

Where a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Question 5

What are the AR’s of theft?

Answer 5

• Appropriate (s.3)
• Property (s.4)
• Belonging to another (s.5)

Question 6

What are the MR’s of theft?

Answer 6

• Dishonestly (s.2)
• With the intention of permanently depriving the other of it (s.6)

Question 7

What is appropriation?

Answer 7

Appropriation is any assumption by a person of the rights of an owner, including where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as an owner. (s.3(1))

Question 8

What does the case of R v Vinall tell us?

Answer 8

D must do something that assumes the rights of the owner.

Question 9

What does the case of R v Pitham and Hehl tell us?

Answer 9

Selling and/or offering to sell amounts to appropriation.

Question 10

What does the case of R v Morris tell us?

Answer 10

D only has to assume one of the owners rights, not all.

Switching price labels amounts to appropriation.

Question 11

What does the case of Lawrence v MPC tell us?

Answer 11

Consent does not negate appropriation.

Question 12

What does the case of Gomez tell us?

Answer 12

Removal of goods from a shelf amounts to appropriation.

Question 13

What does the case of R v Hinks tell us?

Answer 13

A valid gift still amounts to appropriation.

Question 14

What does the case of Atakpu tell us?

Answer 14

A later assumption of the rights of an owner or a continuing act amounts to appropriation.

Question 15

What are the 5 types of property?

Answer 15

• Money (coins + banknotes)
• Real property (land and anything attached to it)
• Personal property (moveable items; R v Kelly and Lindsay)
• Things in action (a right which can be enforced against another person by an action in law)
• Other intangible property (rights which have no physical presence but can be stolen under the Theft Act 1968.)

Question 16

What important phrase tells us how real property can be stolen?

Answer 16

“Where someone not in possession of the land severs anything forming part of the land from the land”

Question 17

Give an example of a thing in action

Answer 17

• A bank account
• A credit card
• A debit card

Question 18

What does sections 4(3) and 4(4) tell us?

Answer 18

Some things cannot be stolen except in specific circumstances; Including plants, but only those growing wild. However, picking wild plants may amount to theft if it was done for sale, reward or other commercial purposes.

Question 19

What two circumstances define property as ‘belonging to another’?

Answer 19

• Where someone is in possession or control of the property
• Where someone has a proprietary interest in the property

Question 20

What does the case of R v Turner tell us?

Answer 20

It’s possible to be convicted of stealing your own property.

Question 21

What does the case of R v Woodman tell us?

Answer 21

It is possible for someone to be in possession or control of property even though he or she does not know it is there.

Question 22

What does the case of Ricketts tell us?

Answer 22

Goods left for someone, belong to the original owner until the new owner takes possession of them.

Question 23

What does the case of R v Webster tell us?

Answer 23

Even where the defendant owns property and is in possession or control of it, if another has a proprietary interest in it, they can be guilty of theft.

Question 24

What does the case of R v Hall tell us?

Answer 24

There must be an obligation to deal with the property a certain way for there to be theft.
(Acquitted)

Question 25

What does the case of R v Klineberg tell us?

Answer 25

There must be an obligation to deal with the property a certain way for there to be theft.
(Convicted)

Question 26

What does the case of Davidge v Bunnett tell us?

Answer 26

(Less formal situation)
There must be an obligation to deal with the property a certain way for there to be theft.
(Convicted)

Question 27

What does the case of Attorney-General Ref No.1 tell us?

Answer 27

Where someone comes across property by mistake, there is an obligation to return it.

Question 28

What does the case of R v Gilks tell us?

Answer 28

In some situations there is no legal obligation to restore money.

Question 29

What does the case of Oxford v Moss tell us?

Answer 29

Confidential information cannot be stolen.

Question 30

What does s.1(2) tel us?

Answer 30

It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

(If all the elements of theft are present, the motive of the defendant is not relevant).

Question 31

What are the three types of behaviour which are considered not dishonest?

Answer 31

• If the defendant believes that they have the right (in law) to deprive the other of it (s.2(1)(a)).
• If the defendant believed they would have the other’s consent if the other knew of the appropriation and circumstances of it (s.2(1)(b)).
• The person to whom the property belongs cannot be discovered by taking reasonable steps (s.2(1)(c)).