Theft

Question 1

Definition of theft

theft act 1968

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

Appropriation

Answer 2

to assume the rights of the owner.

Question 3

s.3 Appropriation takes place at the point of keeping or dealing

Answer 3

 Pitham & Hehl – offering to sell property amounts to appropriation
 Morris – price switching amounts to appropriation
 Lawrence – you can appropriate property transferred with the owner’s consent
 Gomez – there is no need for an adverse interference with the rights of the owner (overruled Morris
in this respect and confirmed Lawrence)
 Hinks – Even a valid gift can amount to appropriation

Question 4

s.4 Property

Answer 4

Property includes money and all other property real or personal including things in action and other intangible property.

Question 5

Cases for property

Answer 5

Kelly & Lindsay-body parts cannot be stolen unless they have acquired different attributes because of
the application of skill or preservation techniques
5. Oxford v Moss-information can not be stolen (though the paper on which the information is written can)

Question 6

Land and animal property

Answer 6

land can only be stolen where…
a) Someone not in possession of the land severs something from it
b) A tenant takes a fixture or structure from the land let to him
s.4(3) - Mushrooms, flowers, fruit and foliage growing wild cannot be stolen,
unless taken for a commercial purpose (i.e. for sale or reward) s.4(4) - Wild animals cannot be stolen unless tamed or in captivity

Question 7

Belonging to another

Answer 7

Property is regarded as belonging to a person who has possession or a proprietary right.

Question 8

Possesion

Answer 8

Turner (No 2) – CA held Turner could be guilty of stealing his own car from a garage that had possession and control of the car, for the purpose of doing repairs.
 Woodman It is possible to be in possession of property even if you do not know it is there.

Question 9

Property is deemed to belong to another where it is received under an obligation to retain and deal with it in a particular way.

Answer 9

Davidge v Bunnett - D was guilty of theft when given money by flat mates to pay a bill as she spent the
money on Christmas presents instead. There was a legal obligation under contract to deal with the money in a particular way.Hall - there wasn’t an obligation to retain & deal with the deposits in a particular way as the D only expected them to be paid into the business

Question 10

Property received by a mistake where there is a legal obligation to make restoration belongs to the other

Answer 10

D was overpaid by employer she was acquitted but the CA confirmed such a D is under an obligation to make a restoration

Question 11

s.2 Dishonesty

Answer 11

No statutory definition of dishonesty

Question 12

A persons appropriation of property is not dishonest id

Answer 12

a) He believed he had a right in in law deprive the other of it, on behalf of
himself or of a third person.
Robinson - after a struggle took £5 from man who owed wife money. D’s belief he had a right to it meant he was not dishonest
b) He believed he would have the other’s consent if the other knew of the appropriation and the circumstances of it (i.e. where property is found
Holden - quick fit tyres
c) He believed that the true owner could not be discovered, by taking reasonable steps (this does not mean
he has to actually take any steps!)
Small - D took car left for 2 weeks with keys in ignition. His conviction was quashed because of his
honest belief the owner could not be found

Question 13

However if the situation isn’t covered by the s.2 criteria, Ivey test applies

Answer 13

Was the defendant’s conduct dishonest, according to the ordinary standards of reasonable and honest
people?

Question 14

Intention to permanently deprive s.6

Answer 14

explains the meaning of the phrase - that even though the D did not mean the V to lose the property permanently they can still have an IPD if they ‘treat the thing as their own to dispose of regardless of the other’s rights’ e.g. Lavender.
 Velumyl – he had such an intention in relation to notes in the safe, even if intended replace them with others later.
A borrowing or lending can be an IPD if it is for a period, and in circumstances, which make it equivalent to an outright taking
 Lloyd says the question to ask is has the ‘goodness, virtue, or practical value’ gone?
s.6 - Ransom attempts also come under (Raphael)
Finally, a conditional intention to deprive (of anything of value) would be attempted theft Ag Ref (No 1 and 2 of 1979); it cannot be theft – Easom (routed through handbag and found nothing worth stealing)