Theft s4 property Flashcards
s4 states?
property includes “money and all other property, real or personal, including things in action and other intangible property.”
examples of Money?
This is straightforward.
It includes all coins and banknotes of any currency
examples of Personal property?
This is also straightforward
It includes any tangible (touchable) items. E.g. Jewellery, CDs, cars, everything from a piece of paper to an aeroplane.
What happened in R v Kelly and Lindsey (1998)?
D (Kelly) stole 35-40 body parts from the Royal College of Surgeons where he was permitted to draw anatomical specimens. D made casts of them, and buried parts in a field, an attic and basement.
Previous common law held that a corpse could not be “property”.
Held: In this case the parts had become property as they had changed in to something different, i.e used in an exhibition (Also Welsh 1974 – bodily fluids)
What happened in R v Smith 2011?
Men stole some heroin from a dealer and claimed it was an illegal substance so not property.
Held: Appeal dismissed. The convictions were upheld.
S.4 Theft Act 1968 defines property as including all tangible property, whilst some exceptions are set out in the Act such as real property and wild animals, the exceptions do not extend to property in unlawful possession.
What are the 3 circumstances (in section 4) in which land can be classed as stolen? (real property)
when he is a trustee or personal representative, or is authorised by power of attorney, or as liquidator of a company, or otherwise, to sell or dispose of land belonging to another, and he appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him;
or
(b) when he is not in possession of the land and appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed; or
(c) when, being in possession of the land under a tenancy, he appropriates the whole or part of any fixture or structure let to be used with the land.
An example of a real property theft?
1972-Wakefield Crown Court Yorkshire, Reginald Sedgwick prosecuted for stealing Cleckheaton railway station. The D, a demolition contractor, was alleged to have destroyed the disused stone building and cleared site of 24 tons of track with dishonest intentions. He admitted the deed, explained that was done for an untraced third party, his lawyer demolished prosecution’s case, securing an acquittal.
Definition of things in action?
This is when the right to something can stolen and an action can be brought against this in law.
Examples?
A bank account in credit. The bank does not keep some notes/coins in a box for you , but you have the right to the money of requested. (Preddy 1996)
Also:
a ticket to a concert/football match.
Includes if someone tries to falsely sell any of these.
What happened in Kohn 1979?
D an accountant with a variety of business interests used company cheques for his own use and drew various sums from the bank accounts of the company concerned. On three occasions the account was in credit, on other occasions the account was overdrawn.
Guilty on all counts except when the cheques were over the agreed overdraft limit. At that point there was no agreement for the bank to pay the money, therefore not owned by the company. (in other words not a thing in action.
Defintion of other intangible property?
Other things can be stolen even if you can’t touch them.
What happened in AG of Hong Kong v Chan Nai-Keung 1987?
D, a director of a textile company, sold a large quantity of the company’s export quotas, at well below their proper value, transferring them to another textile company.
This also includes Patents (licence granted to protect the rights to a process i.e to make something)
Copyright, registered trade marks (e.g. logos)
What happened in Oxford v Moss 1979?
D, a university student obtained a copy of an examination paper, read it and then replaced it. It was never his intention to take the paper away or deprive the university of it.
Held: Confidential information held on a piece of paper could not amount to intangible property according to the true interpretation of s 4 of the Theft Act 1968.
Under s4(3) what cannot be stolen?
What is excluded under s 4(3)?
mushrooms and plants growing wild, unless taken for ‘reward or sale or other commercial purpose’
If you pick flowers from the wild and then sell them, they are considered property. If you take them home and put them in a vase, they are not.
What is excluded under s 4 (4)?
wild creatures, unless they have been tamed or kept in captivity
If you take a fox from the wild and keep it as a pet this is not theft, if you take a fox from the zoo, this is theft.
Key issues s4?
Different items need separating
Intangible Attorney-General of Hong Kong v Nai-Keung
Thing in action Preddy
Information – Oxford v Moss
Illegal – Smith
Excluded plants and animals s4(3) and 4(4)
