Theft (paper 1) - Property Offences

Question 1

definition (s1)

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

introduction

Answer 2

Statutory offence
The theft act 1968
S1 gives the definition
S2-6 sets out the elements
S7 TEW offence is punishable by a max of 7 years

Question 3

AR

Answer 3

Appropriation (S2)
Property (S4)
Belonging to another (S5)

Question 4

MR

Answer 4

Dishonesty (S2)
Intention to permanently deprive (S6)

Question 5

Why do we need laws on theft?

Answer 5

common area of criminal activity
we need to punish those who commit crimes against property
we need to put out the right deterrent message.

Question 6

AR 1 - appropriation S3 (1)

Answer 6

Assuming any rights of the owner (Morris)
don’t need to assumes al, the rights or take the property
includes taking, touching, selling, lending, damaging, replacing
can appropriate property that is not in you possession (Pithman v Hehl)
you can appropriate with the owner consent (Lawrence)
appropriation can not be a continuing act for theft (Atakpu)

Question 7

AR 2 - property S4 (1)

Answer 7

Things that are property - money, real (S4(2) and personal property, things in action (checks, bank accounts), intangible property, wild mushrooms, flowers ,fruit if for sale and animals (S4(4) if kept in captivity.

Things that are not property - Land (S4(2) , wild mushrooms + fruit + flowers (S4(4), wild creatures (S4(4), body parts (kelly)

Question 8

AR 3 - Belonging to another S5

Answer 8

S5 (1) gives the definition for belonging to another.
Its possible to steal your own property (R v Turner)
If you are giving property for a purpose and don’t use it for that purpose that could be theft (davidge v Bunnett)
must be an obligation to deal with the property in a particular way (Hall)
If property is given by a mistake and fails to restore this can be theft, explained in S5(4) (AGs Ref)

Question 9

MR 1 - Dishonesty S2(1)

Answer 9

S2(1)(a) - D believes they have a legal right to the property
S2(1)(b) - D believes the owner would have consented if they knew of the appropriation
S2(1)(c) - D believes the owner can not be discovered by taking reasonable steps.

Question 10

Dishonesty - the Ghosh test

Answer 10

THE IVEY TEST:
an objective test
considering the circumstance D was in and their Knowledge
does the jury believe that the defendants actions were dishonest according to the standards of ordinary, reasonable people?

Question 11

MR 2 - intention to permanently deprive S6

Answer 11

Where a person intends to treat the property as his/her own to dispose of regardless of the other person
borrowing an amount to an ITPD can be the equivalent as a complete dispose.