Theft (Actus Reus)

Question 1

What type of offence is theft?

Answer 1

Triable-either-way

Question 2

What is the maximum sentence for theft?

Answer 2

7 years custodial sentence

Question 3

What statute governs theft?

Answer 3

The Theft Act 1968

Question 4

What section of the Theft Act 1968 defines theft?

Answer 4

Section 1(1)

Question 5

What is stated in S.1(1) Theft Act 1968?

Answer 5

“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving them of it”

Question 6

What is stated in S.3(1) Theft Act 1968?

Answer 6

Appropriation is any assumption of the rights of the owner.
So theft can be selling, destroying or lending out someone else’s property

Question 7

What was held in R v Vinall?

Answer 7

The COA held that taking the bike and abandoning it at the bus shelter were both seen as an assumption of the rights of the owner

Question 8

What was held in R v Morris?

Answer 8

Only needs to be an assumption of one right of an owner

Question 9

What was held in Lawrence v Commissioner of The Met Police?

Answer 9

The House of Lords held that consent does not matter and there still may be appropriation

Question 10

What was held in R v Gomez?

Answer 10

The House of Lords held that “an act expressly or impliedly authorised by the owner of goods could amount to appropriation”

Question 11

What was held in R v Hinks?

Answer 11

Even though the money was a gift, the defendant still received the money and acted dishonestly

Question 12

What is also stated in S.3(1) Theft Act 1968?

Answer 12

There can be appropriation where you acquire property without stealing it and decide to keep it anyway

Question 12

What is stated in S.4(1) Theft Act 1968?

Answer 12

“Property includes money and all property, real or personal, including things in action or other intangible property”

Question 13

What was held in R v Kelly and Lindsay?

Answer 13

A dead body is not normally property but as the body parts required skills that change the character and value of the body parts, the COA upheld convictions of theft

Question 14

What is stated in S.4(2) Theft Act 1968?

Answer 14

Land can only be stolen if:
- Breach of a trustee or personal representatives power
- By severing part of the land
- By appropriating a picture or structure let to be used in the land when under tenancy

Question 15

What are ‘things in action’?

Answer 15

Property that doesn’t exist physically but gives the owner legal rights enforceable by court action. Such as a bank account, or shares, etc.

Question 16

What is stated in S.11 Theft Act 1968?

Answer 16

“Dishonestly using electricity or wasting it/diverting it is theft”

Question 17

What was held in Oxford v Moss?

Answer 17

Confidential information did not fall in the definition of ‘intangible property’ so the defendant’s appeal was allowed

Question 18

What is stated in S.4(3) Theft Act 1968?

Answer 18

A person does not commit theft picking a plant for their own, non-commercial use

Question 19

What is stated in S.4(4) Theft Act 1968?

Answer 19

A person does not commit theft if they steal a wild creature that is not tamed, in captivity or in the possession of another person

Question 20

What is stated in S.5(1) Theft Act 1968?

Answer 20

Property that is stolen must belong to a person that has control of it or any proprietary interest or right in it

Question 21

How does S.5(1) Theft Act 1968 benefit the prosecution?

Answer 21

They don’t have to prove who actually owns the property, just who has control over it

Question 22

What was held in R v Turner?

Answer 22

The defendant was convicted of stealing his own car from the garage after repairs. The COA upheld the conviction as the garage was in control of the car

Question 23

What was held in R v Webster?

Answer 23

He was convicted of theft as the MoD retained proprietary interest in the medal

Question 24

What was held in R v Hall?

Answer 24

The conviction of theft was quashed as when he paid the deposit, he was under no obligation to deal with it in a certain way

Question 25

What is covered in S.5(4) Theft Act 1968?

Answer 25

Situations where property is handed to someone by mistake

Question 26

What was held in R v Pitham and Hehl?

Answer 26

The offer to sell the victims furniture was considered an appropriation; it was assuming the rights of the owner

Question 27

What was held in R v Atakpu and Abrahams?

Answer 27

Appropriation takes place at the moment they obtained the property and so appropriation was not a continuing act

Question 28

What was held in Attorney-General’s Reference Number One of 1983?

Answer 28

Money was a ‘thing in action’ and S.5(4) applied as the money was received as a mistake, and there was an obligation to restore this