Theft Model Answer Flashcards
D may be liable for theft, defined in….
Section 1 of the Theft Act 1968 as the dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.
The actus reus is…
the dishonest appropriation of property belonging to another.
Appropriation can be an… or …
Appropriation can be an outright taking or treating property as your own (eg - selling property PITHAM and HEHL).
S.3(1) states that it means the…
assumption of the rights of the owner, and can take place even when the property is innocently suited, if D then keeps/deals with it.
Other examples of appropriation are…
Label swapping (MORRIS) and V consenting through deception (LAWRENCE, GOMEZ).
If relevant: Appropriation can take place even when…
there is a gift made with consent and without deception, if it is obtained through coercion (HINKS)
If relevant: Appropriation can taken place even if…
D leaves the property behind having taken it (CORCORAN and ANDERTON)
If relevant: S3(2) states that D will be innocent if they…
purchase stolen goods in good faith.
Under S.4(1) property can be … such as money, or intangible such as things in … ,for example…
tangible, intangible, licenses and patents (AG of Hong Kong v Chan Nai-Keung)
If relevant: things that don’t…
constitute property include: …
If relevant: anything picked from…
the wild for reward or sale under S.4(3)
If relevant: wild creatures unless in… , confidential…
captivity, information (OXFORD v MOSS), under S.4(4)
If relevant: … as in LOW v BLEASE
Electricity
If relevant: bodies/body parts unless used for… however …
exhibition/teaching purposes as in KELLY and LINDSAY, however, bodily fluids can be stolen as in WELSH
Under S.5(1) property belonging to another means the victim has…
possession or control of it (RICKETTS v BASILDON MAGISTRATES COURT).
If relevant: under S.5(3) if a person is under an obligation to…
retain and deal with property in a particular way, that property is regarded as belonging to another (DAVIDGE v BUNNEYY, HALL)
If relevant: Under S.5(4) if a person is given something by mistake…
keeping it is keeping property belonging to another as the victim had a ‘proprietary interest’ (WEBSTER)
If relevant: an owner can be convicted of stealing their own property…
If it is temporarily in the possession of another (TURNER)
If relevant: A person can be in control of property even though…
they do not know it is there, such as abandoned property (WOODMAN)
For the mens rea, under S.2 D must be…
Dishonest.
The 2 stage test established in…
Ivey v Genting Casinos (recently confirmed in Barton and Booth) is used.
Firstly, the jury must decide what was the actual…
knowledge or belief of D as to the facts (a subjective test).
Secondly, in that context, the jury must decide whether D’s behaviour would be…
regarded as dishonest by the reasonable, ordinary, decent person (an objective test).
If relevant: A person’s appropriation will…
not be dishonest if under; …
If relevant: not dishonest if under S.2(1)(a) there was the…
honest believe that he has a legal right to it (SMALL and HOLDEN)
If relevant: not dishonest if under S.2(1)(b) there was an…
honest belief that the owner would consent (HOLDEN)
If relevant: not dishonest if under S.2(1)(c) there was an honest belief that…
the owner cannot be found by taking reasonable steps
If relevant: the honest belief doesn’t have to be a…
reasonable belief just an honest one
If relevant: Under S.2(2), D may still be considered dishonest even if…
he was willing to pay for the property at a later date.
Under S.6(1) D just have an intention to permanently deprive, which means…
An intention to dispose of or treat as your own (DPP v LAVENDAR)
If relevant will be IPD if…
Intention to sell or ransom property (RAPHEAL) intention to remove value (LLOYD) intention S.6(2) intention to part with the property, to be returned under a condition which may not be able to be performed (FERNANDES)
If relevant: will NOT be IPD if…
Intention to replace with identical property (VELUMYL) intention to abandon property (MITCHELL) conditional intention to deprive - will be attempted theft (EASOM)
To conclude…
D will be guilty of theft
