Webcast Flashcards
What is the AR of theft?
Appropriation of property belonging to another.
What is the definition of theft?
S1(1) of the theft act 1968 provides that a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive.
What is the MR of theft?
Dishonesty and an intention to per mantle deprive the other of the property.
What was the aim of the theft act 1968?
To modernise the law of theft and avoid technicality by using simple language.
How is appropriation defined in the theft act?
S3(1) provides that any assumption by a person of the rights of an owner amounts to an appropriation.
What are the rights of an owner?
The right to take, sell, use, possess, lend, destroy, damage or touch.
Can you appropriate property without being in possession of it?
Yes, Corcoran v Anderton - D tugged on strap of bag in attempt to take it from her. Tugging constituted appropriation.
Name a case when someone assumed the rights of an owner and therefore appropriated the property?
Pithan - a man took two people to V’s house and asked them to but it, assumption of an owner.
What does s1(3) of the theft act say and give an example of it?
A person who comes by property without stealing it, appropriates it if he assumes a right to it by keeping it or dealing with it as an owner.
Example, borrowing friends bike, thinking they would mind, not intending to permanently deprive. Then deciding to keep it, then it becomes appropriated.
What is property for the purposes of the theft act?
S4 of the act says it includes money and all other property, real or personal, including things in action and other intangible property.
What does belonging to another mean?
S5(1) of the act provides that property shall be regarded as belonging to any person having possession or control of it or having any proprietary right in it.
Can you steal your own property?
Yes. R v Turner - D took car to garage for repairs, after work was done car was left in street, D collected car without paying. Although car continued to belong to D, it belonged to the garage at the time as they had possession and control of it.
What does s5(3) of the act deal with and give a case example?
Where a person receives property legitimately but is obliged to deal with it in a certain way. Davidge - flat,ares gave her cheques for utilities but she spent it on Christmas presents.
What is the MR of theft?
Dishonesty and intention to permanently deprive.
When is something not to be regarded as dishonest?
S2 of the 1968 act said if he believes he has a right in law to deprive the other of it, he believes he would have the others consent to appropriate it or he believes that the person to whom the property belongs cannot be discovered without taking reasonable steps.
Where do we find the definition of dishonesty?
It is not defined in s2, it comes from the case of Ghosh.
What is the Ghosh test?
It requires the jury to consider whether the D acted dishonestly by the ordinary standards of reasonable and honest people. If they find that he did they must then consider whether the D himself realised that what he was doing was dishonest by those standards.
What happened in the case of Velumyl?
D borrowed money from a safe at work intending to replace it a few days later. Held it was an intention to permanently deprive as he would not be replacing the exact notes and coins he had taken.
What is meant by dispose of?
Lavender held that it meant to deal with.
What were the examples lord lane gave in the case of Lloyd with regards to the goodness and virtue being gone?
Stealing a railway ticket intending to return it after the journey has been completed or taking a torch battery intending to replace it after it’s goodness has gone.
How is robbery defined?
S8(1) of the theft act provides that a person is guilty of robbery if he steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person, or puts or seeks to put any person in fear of being subject to force.
What are the elements of robbery?
Theft, the use or threat of force, immediately before or at the time of the theft and in order to steal.
What if you attacked someone and then decided to steal from them, would that be a robbery?
No. They would be liable for assault and theft (R v James).
D nudges V to knock her off balance so he can grab her bag. As he is running away, he drops the bag. What is he guilty of?
Robbery as he used force nudging her which was used in order to steal.
