Theft section 4,6,7 and 8 Flashcards
Theft
“4. A person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving it owner of it.”
“S. 4(6): 10 years’ imprisonment and an unlimited fine.”
dishonest
This is defined in section 2(1) as “without a claim of right made in good faith”. Again this
is in fact part of the physical rather than the mental element of the offence in that is a matter of external fact whether the Accused has a claim of right to the property involved or not.
Appropriation
Appropriation is defined in section 4(5) as usurping or adversely interfering with the
proprietary rights of the owner of the property.
what are the facts of R v Morris?
In R v Morris,’ the Accused had switched the label on a product in a shop with that of a cheaper product and proceeded to pay the lower price at the checkout.
The court held that it was unnecessary for all the owner’s property rights to be interfered with; once any interference occurred, the Accused had committed theft.
what are the facts of DPP v Morrissey - lack of consent?
In DPP v Morrissey, the Accused ordered meat from the delicatessen counter in a supermarket and then left without paying for it. The High Court held that handing over the meat in that instance consisted of a limited permission to take the meat; but only to take it as far as the cash desk and pay. Walking out without paying went beyond the bounds of this consent and therefore
amounted to theft.
Section 4(2) without consent
Section 4(2) provides that if the Accused believed he/ she had the owner's consent; or that the owner would give consent if they knew; there is a full defence. Effectively it provides for the defence of honest belief as regard to consent, as the section does not import any objective element or the usual edict to "have regard to presence or absence of reasonable grounds".
S. 4(3) - without consent
“S. 4(3) makes special provision for ‘a person who in the course of business holds property in trust for, or on behalf of, more than one owner’. If such a person “appropriates some of the property so held to his or her on use or benefit, the person shall be deemed to have appropriated the property or as the case may be, a sum representing it without the consent of its owner or owners
Property
Property is defined in section 2 as “money and all other property, real or personal, including things in action and other intangible property”. There is no requirement that the property be worth anything, which there was under the old Larceny Act 1916.
what is the mens rea for theft?
The mental element for theft is “intent to deprive”.
S. 4(5): ‘ … “depriving” means temporarily or permanently depriving’.
Section 6 - Making Gain or Causing Loss by Deception
“6(1) A person who dishonestly, with the intention of making a gain for himself or herself or
another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence.
(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.”
deceives definition
(a) creates or reinforces a false impression, including a false impression as to law, value or intention or other state of mind,
(b) prevents another person from acquiring information which would affect that person’s judgement of a transaction, or
(c) Fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom he or she stands in a fiduciary or confidential relationship,
gain or loss defintion
For the purposes of this Act -
(a) ‘gain’ and ‘loss’ are to be construed as extending only to gain or loss in money or other property, whether any such gain or loss is temporary or permanent,
(b) ‘gain’ includes a gain by keeping what one has, as well as a gain by getting what one has not, and
(c) ‘loss’ includes a loss by not getting what one might get, as well as a loss by parting with what one
has.
Obtaining Services by Deception
“7(1) A person who dishonestly, with the intention of making a gain for himself or herself or
another, or of causing loss to another, by any deception obtains services from another is guilty of an offence.
For the purposes of this section a person obtains services from another where the other is induced to confer a benefit on some person by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for.
s. 7(2): ‘For the purposes of this section a person obtains services from another where the other is induced to confer a benefit on some person by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for. “
Section 8 - Making Off Without Payment
s. 8(1): ‘Subject to subsection (2), a person who, knowing that payment on the spot for any goods obtained or any service done is required or expected, dishonestly makes off without having paid as required or expected and with the intention of avoiding payment on the spot is guilty of an offence.’
s. 8(2): ‘Subsection (1) shall not apply where the supply of the goods or the doing of the service is contrary to law or where the service done is such that payment is not legally enforceable.’
s. 8(7): 2 years’ imprisonment and a £3,000 fine
where in the law are the theft offences located?
Criminal Justice theft and fraud offences Act 2001
