Theft (AO1) Flashcards
Theft is defined under which section and which act?
Section 1 of the Theft Act 1968
What is the definition of Theft?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
Which section does dishonesty come under?
Section 2
Which section does Appropriation come under?
Section 3
Which section does property come under?
Section 4
Which section does belonging to another come under?
Section 5
Which section does intention to permanently deprive come under?
Section 6
What are the two elements of mens rea defined in the Theft Act 1968?
-Dishonesty
-Intention to permanently deprive
What are the three elements of actus reus defined in the Theft Act 1968?
-Appropriation
-Property
-Belonging to another
What does Section 3(1) state about appropriation?
“any assumption by a person of the rights of an owner amounts to an appropriation, and this includes where he has come by the property without stealing it, any later assumption of a right to it by keeping or dealing with it as an owner”
What 7 actions would constitute as the rights of an owner?
-Selling the property
-Destroying the property
-Possessing the property
-Consuming the property
-Using the property
-Lending the property
-Hiring the property
How many rights of an owner must a thief do to appropriate?
just one or more
What was the decision under case: Morris (1983)?
The defendant assumed the rights of owner when he put a price label on the goods so there had been appropriation
What does the case of Morris (1983) show?
There does not have to be an assumption of all the rights of the owner, making convictions easier to secure
What was the decision in case Lawrence (1971)
The HofL held there had been appropriation as the consent was to the exact amount that should have been taken and no more
What was the decision in case: Hinks (2000)
The HofL held there had been appropriation even though the victim consented, as they had only consented through deception
What was the decision in case: Atakpu and Abrahams (1994)?
Appropriation occurs at one point in time. The theft occured in Germany and Belgium, keeping and driving them in the UK was not an appropriation
What does Section 3(1) say about a later assumption of a right?
There can be an appropriation where the D acquires property without stealing it, but then later decides to keep the property as its owner.
What does Section 4 define property as?
“Property includes money and all other property real or personal, including things in action and other intangible things”
What was the decision in case: Kelly and Lindsay (1998)
Body parts are not usually property that can be stolen. However, they are property if they are being used for medical science.
S4(1) States land can be stolen but only under which 3 circumstances?
-A trustee or personal representative takes land in breach of his duties
-Someone not in possession of the land severs anything forming part of the land from the land
-A tenant takes a fixture or structure from the land let to him
What is the type of property: Things in action?
A right which can be enforced against another person by an action in law. Property under the definition in S4. E.g. a cheque
What is the type of property: Other intangible things?
Other rights which have no physical presence but can be stolen under the Theft Act 1968, e.g. a patent.
What was the decision in case: Oxford v Moss (1979)
The D was not guilty as information is not property that can be stolen