Theft Case Law

Question 1

Actus Reus:

Answer 1

Section 1(1) Theft Act 1968

Appropriation of: You only need to assume one of the rights of an owner i.e. selling, destroying, giving it away to appropriate & you don’t always need to intend to permanently deprive (Crown (R) v Morris). There can still be appropriation, even with the consent of the owner (“irrespective of mental state”; Crown (R) v Gomez)

Property: Property includes money and all other property, real or personal, including things in action and other intangible property (S4(1)). Can’t steal information (check).

Belonging to another: Belonging to any person having possession or control of it, or having in it any proprietary right or interest (not an equitable interest arising from an agreement to transfer or grant an interest). (S5(1))

Question 2

Mens Rea:

Answer 2

Dishonestly: Without an honest belief you can deprive the owner of the property by right of law (Crown (R) v Robertson), the owner would consent in the circumstances or the owner would not be able to be found with reasonable steps. If whether the conduct was honest or dishonest is in question, we should apply the objective standards of ordinary, decent people (Ivey v Genting Casinos).

With intention to permanently deprive: One must ask this question. Even if there was intention to return it, a further question must be asked: Was the intention to return it minus all its goodness, virtue and practical value?’ If the answer is yes, there was intention. (Crown (R) v Lloyd)