Theft Act 1968 (belonging To Another) Flashcards
What is belonging to another
S5 (1) defines having possession or control of the property or any proprietary interest in it is sufficient to be belonging to another
What is possession or control
Normally the owner however if someone who hires a car has possession and control but doesn’t one it. The possession or control doesn’t have to be lawful.
B steals jewellery for A and C then steals it from B. C can be charged from stealing from B as B had possession and control of it
Turner 1971 - possession or control
Turner left his car for repair at the garage and agreed to pay for the repairs when he collected it. Turner used a spare key and took back his car without payment. On appeal he was convicted of stealing his own car because at the time the garage has possession and control of it
What is woodman 1974
You can be in possession and control of the property even though you don’t know it was there.
In this case the company had sold all its scrap metal. Unbeknown to them a few pieces were still left and someone else went onto their land and took them. D was still convicted of theft even though the company didn’t know it was still there.
Property received under obligation
This is usually where money is handed over to the D on the basis that he will help it for the owner or use it in a particular way.
There is a legal obligation to retain the money and deal with it in the particular manner agreed.
I.e. Can you keep this money for me until Monday and then lay my half of the rent with it
Hall 1972 - property received under obligation
Travel agent who received deposits but never bought any tickets for clients and was unable to return the money. The money was put into a general business account and because of that D couldn’t be convicted of theft as he wasn’t obliged to deal with the money in any particular way
Wain 1995 - property received under obligation
D raised money for charity and out it into a special bank account. With permission from the charity he moved it to his personal bank account so that he couldn’t pay it to the charity. He seem the money instead. Guilty of theft as he was clearly expected to deal with the money in a particular way.
Bunnett 1984 property received under obligation
D was guilty when she was given money by her flat mates tomorrow the gas bill but instead to buy Christmas presents
Property obtained by mistake
A-G reference no 1 1985 - d salary was paid straight into her bank account. Her employer mistakenly over paid her. She refused to give the money back. C of A held that she was under obligation to pay back the money and if she had a dishonest intention to not pay back the money then all the elements of theft were there.
Property obtained by mistake
Dishonestly
For the men’s rea of the offence, it has to be done dishonestly
The doesn’t mean the motivation - the D doesn’t have to have gained anything to still be liable. - taken and destroyed someone’s bag/throws it away
