Theft & Fraud Flashcards
Theft and Fraud (different offences)
Theft (s. 1(1) Theft Act 1968)
Fraud (s. 2 Fraud Act 2006)
Making off without payment (s.3(1) Theft Act)
Theft (s.1(1) Theft Act 1968)
[7 years]
AR:
Appropriation
of property
belonging to another
MR:
Dishonesty
intention to deprive
‘Appropriation’ is an assumption of the rights of an owner
- including where person acquires property without stealing but then later assumes rights of owner
s. 3(1) TA 1968
Consent of owner is irrelevant as to appropriation
DPP v Gomez
Not appropriation if you purchase the goods for value, acting in good faith
s. 3(2) TA 1968
Appropriation must involve some contact with property
R v Briggs
Appropriation can be of a valid gift of property
R v Hinks
Cannot steal property more than once BUT appropriation can be continuous
R v Atakpu
‘Property’ includes:
Money, real property, personal property, wild plants, wild animas if tamed/ordinarily kept in captivity
IP, bank accounts, overdrafts
NOT
confidential info or electricity
‘Property’ will belong to another (even if it is your own) if:
R v Turner (No. 2)
- they have possession/control of or proprietary interest in property
NOT when:
- it did not belong to another at the time
- it is abandoned
s. 2(1) TA 1968
D is NOT dishonest if he believes:
- he had legal right to deprive other
- other would have consented
- or other could not be reasonably found
- willingness to pay for property is not automatic defence
Ivey v Genting Casinos
new test for dishonesty, replacing Ghosh
Fact-finding tribunal must ascertain (subjectively) actual state of individuals knowledge or belief as to facts
determine whether conduct was honest by (objective) standards of ordinary decent people
Intention to permanently deprive includes:
- Where victim only has limited interest in property
- Where D intends to replace item, even if identical
- Where D does not meet conditions of return when acquiring property
- If D does not intend to permanently deprive but treats property like his own, including disposing
Intention to deprive can also include:
Borrowing and lending property, if:
- it is for a period/in circumstances equivalent to an outright taking; but
- only if the ‘goodness and virtue is gone’
(R v Lloyd)
Fraud by false representation (s.2 Fraud Act 2006)
[10 yrs and unlimited fine]
AR:
Making a representation
which is false
MR:
Dishonesty (Ivey)
Intention (by making representation to make a gain for themselves/loss to another (s.5 Fraud Act 2006)
- knowledge/recklessness as to possibility that the representation is untrue or misleading (or may be)
Representation (for fraud) includes:
- Words or conduct (DPP v Ray)
- Use of credit cards (R v Lambie)
- Express or implied representation (s.2(4))
- Representations made to machine (s.2(5))
False (for fraud) includes:
Untrue or misleading
- misleading - ‘less than wholly true and capable of interpretation to the detriment of the victim’
(ie having another person impersonate you to sit a driving test)
No need for anyone to be misled or consequence to follow on from representation
Making off without payment (s.3(1) Theft Act 1978)
[2 yrs]
AR:
Supply of goods or services
D makes off from the spot where payment is required
Without paying as required or expected
MR:
Dishonesty (Ivey)
Knowledge that payment on the spot was required
(unless agreement made with victim that he will pay in future)
Intention to permanently avoid payment
D not liable if he intends to come back and pay
‘On the spot’ (for making off without payment) includes:
Payment at time of collecting goods (s.3(2) TA 1978)
Doesn’t include attempting to make off (D must leave store)
‘Paying as required’ (for making off without payment) includes:
Paying with a worthless cheque or stolen credit card
Important to distinguish MR of ‘making off without payment’ from that of ‘false representation’
No false representation occurs if person intends to pay but then makes off
(Edwards v Ddin)
Key cases for theft and fraud
DPP v Gomez (consent of owner is irrelevant as to appropriation)
Ivey v Genting Casinos (test for dishonesty)
R v Atakpu (cannot steal property more than one but appropriation can be continuous)
