Theft [Property Offences]

Question 1

What is the definition of theft?

Answer 1

Under s1: ‘The dishonest appropriation of property, belonging to another, with the intention to permanently deprive’

Question 2

Which Act of Parliament is this offence under?

Answer 2

Theft Act 1968

Question 3

What is the maximum sentence that can be given?

Answer 3

7 years imprisonment, under s7

Question 4

What is the FIRST part of the Actus Reus?

Answer 4

There must have been an appropriation, which is ‘any assumption of the rights of an owner’ under s3(1). These rights may include selling, destroying, using, consuming or possessing another’s property. A D need not assume all the rights of an owner (Morris). This appropriation must also be dishonest.

Question 5

What is the key case for appropriation through deception?

Answer 5

R v Gomez

Question 6

What is the key case for appropriation through taking advantage of the vulnerable?

Answer 6

R v Hinks

Question 7

What is the key case for contemporaneity not applying to theft?

Answer 7

R v Atakpu and Abrahams

Question 8

What is the SECOND part of the Actus Reus?

Answer 8

Property is defined under s4 as ‘including money and all other property, real or personal, including things in action and other intangible property’

Question 9

What is money?

Answer 9

This is any coins or banknotes of any currency (Velumyl).

Question 10

What is personal property?

Answer 10

This includes all things that are easy to move/tangible and has a wide definition (Kelly and Lindsay)

Question 11

What are things in action?

Answer 11

These are things with no physical value but its value is based on the rights it grants the owner (Preddy).

[Tickets and shit]

Question 12

What is intangible property?

Answer 12

These are things that don’t physically exist, such as the contents of a bank account, but are given value based on the rights it grants the owner (Akbar). Knowledge cannot be stolen (Oxford v Moss).

Question 13

What is the THIRD element of the Actus Reus?

Answer 13

The appropriated property must have belonged to another. Under s5(1), ‘property shall be regarded as belonging to another if any person has possession or control of it, or has any proprietary right/interest’

Question 14

What is the exception with lending property?

Answer 14

When property is ‘lent’ or sent to someone for repair, the other person has possession/control over it until an agreed time (Turner).

Question 15

What is a proprietary right/interest?

Answer 15

This covers someone who doesn’t own the property, but keeps an interest in how the property is used (Marshall).

Question 16

What about abandoned property?

Answer 16

Generally, property cannot be abandoned, just transferred from the possession of one to another (Roston).

Question 17

What about property received under an obligation?

Answer 17

If D is given property to be used in a certain way and it is not used in the stated way, D will be guilty of theft (Hall).

Question 18

What about property received by mistake?

Answer 18

If D receives property by mistake, they are legally obligated to take restorative action (Gilks).

Question 19

What is the FIRST part of the MENS REA?

Answer 19

S2 does not provide a definition for dishonesty but it does provide 3 honest exceptions. A D will not be convicted of theft if they had an honest belief that they had either a right in law to appropriate, under s2(1)(a) (Robinson), the victim’s consent to appropriate, under s2(1)(b) (Flynn), or that the owner could not be located by taking reasonable steps, under s2(1)(c) (Small).

However, if D does not meet any of these exceptions, then the Common Law test will need to be applied. The test originally came from R v Ghosh, but the case of Barton and Booth confirms that the new test comes from Ivey. The case of Ivey Gentings Casino Ltd states the test is whether a reasonable person deems D’s actions dishonest.

Question 20

What is the SECOND part of the MENS REA?

Answer 20

Under s6, in order to have the intention to permanently deprive, a D must have ‘to treat the thing as their own to dispose of regardless of the others’ rights’ (DPP v Lavender).

Question 21

What if it’s not permanently deprived?

Answer 21

It doesn’t matter if D doesn’t permanently deprive the property, as long as they intended to (Vinall).

Question 22

What about borrowing?

Answer 22

If D has borrowed property and does not return it in the exact same condition, this shows intention to deprive (Lloyd).

Question 23

What about swapping items?

Answer 23

A D cannot borrow an item and return something of an equal value, it has to be the exact same item (DPP v Lavender).

Question 24

What is conditional intent?

Answer 24

A D who will only commit theft if they find something ‘worth’ stealing, only has conditional intent (Easom).