theft- actus reus

Question 1

S.1 theft act (TA) 1968 definition of theft

Answer 1

a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

Question 2

S.3 TA 1968 appropriation definition

Answer 2

any assumption by a person of the rights of the owner amounts to appropriation, this includes 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.

Question 3

what did the S.3 (1) TA 1968 add to the appropriation definition?

Answer 3

includes any later assumption of a right to it by keeping or dealing with it as owner

Question 4

S.4 TA property definition

Answer 4

money and all other property, real and personal, including things in action and other intangible property

Question 5

S.4 (2) TA property definitions:
i)
ii)
iii)

Answer 5

S.4 (2) land cannot be stolen except in the following situations:
i) a trustee or personal representative takes land in breach of his duties
ii) someone not in possession of the land severs anything from part of the kind (removing trees, plants, knocking brick wall down)
iii) a tenant takes a fixture or structure from land let to him

Question 6

S.4 (3) TA property definition

Answer 6

picking wild plants for personal use does not constitute theft, unless the act is done for commercial purposes or reward

Question 7

S.4 (4) TA property definition

Answer 7

a wild animal cannot be stolen unless they have been “reduced into possession”

Question 8

what are the 5 types of property?

Answer 8

• money: coins and bank notes
• real property: land & buildings
• things in action: a right which can be enforced against another in law
• personal property: a moveable item
• other intangible property: rights which have no physical presence but can be stolen

Question 9

S.5 TA definition of property belonging to another

Answer 9

any person having possession or control of it, having in it any proprietary right or interest

Question 10

proprietary interest

Answer 10

person can still be guilty of stealing even though he owns it, is in possession or control of it. BUT another still has proprietary interest

Question 11

S.5 (2) TA definition of property belonging to another

Answer 11

Where property is subject to a trust, the persons to whom it belongs shall be regarded as including any person having a right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having that right.

Question 12

S.5 (3) TA definition of property belonging to another

Answer 12

Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.

Question 13

S.5 (4) TA definition of property belonging to another

Answer 13

Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value and shall be regarded accordingly as an intention to deprive that person of the property or proceeds.