property 🏡 Flashcards
AR of Theft
When was the theft act created?
what is the definition of theft?

1968
A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention to permanently deprive.
List the sections of the actus reus of this and the mens rea
AR:
S.3 appropriation
S.4 property
S.5 Belonging to another
MR:
S.2 dishonesty
S.6 intention to permanently deprive
In section 3 what is appropriation defined as?
any assumption of the rights of the owner.This means doing anything that is inconsistent with the right of the owner.(doing something with the property that only the owner has a right to do)
examples
Selling it,destroying it,using it,eating it.
What case is used in appropriation?
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Morris HELD - defendants conviction was upheld as the House of Lords stated that there does not have to be an assumption of all the rights.
What is consent and appropriation?
What case outlined this?
The court decided that an appropriation can occur even with the victims consent.
Lawrence held- Defendant argued the student had consented to giving the £6 for both the Court of Appeal and the House of Lords rejected this saying that there had still been an appropriation the consent was irrelevant in addition it was stated that section 1 Does not explicitly require appropriation without consent.
What is section 4 Property in theft defined as ?
section for defines property as money and all other property real or personal including things in action and other intangible property.
what Is not classed as property so cannot be stolen unless in a specific circumstance?
What is the Case for information?
wild plants fruit and mushrooms unless it’s for sale
Wild animals unless it’s someone else’s
information is not considered a property
Body parts unless they are altered this is seen in Kelly and Lindsay
In Oxford and moss it was held that the knowledge of the question on the exam paper was held not to be property.
In section 5 of the theft act what is belonging to another defined as?
Section 5 defines belonging to another as property shall be regarded as belonging to any person as having possession or control of it having in it any private propriety right or interest.
The prosecution does not need to
prove who the legal owner is
What is the case for belonging to another?
Turner held - the car was in possession and control of the garage so it was property belonging to another therefore defendant was guilty of stealing his own car.
What is The definition under section number of property received under an obligation ?
What is the case?
section. 5 (3)
where property is handed to the defendant with a specific obligation to deal with the property in a particular way that property still belongs to the original owner until the obligation has been carried out.
Davidge V Bunnett Held- as the money had been given for a specific purpose he had a legal obligation to deal with it in that way so it was property belonging to another.
What section number is mistake under?
What is it defined as?
what are the two situations where the defendant is legally required to return the property?
CASES?
Ownerless property
section.5 (4)
Normally if you obtain property by mistake there is no legal obligation to return however there are two situations by defendant is legally required to return the property.
Under the sale of goods act were extra change is given after a salethe buyer is under a legal obligation to return the extra money and buy keeping it performs an act of appropriation (Gilks)
2.Under a contract of employment wear extra money is given by a wage or salary if this is not returned there will be an act of appropriation (Attorney General’s Reference No.1 1985)
Ownerless property:lost property can be stolen whereas abandon property cannot as it does not have an owner. Property is only abandoned where the owner is indifferent as to the future appropriation of the goods. (R V Basildon magistrates court.)
MR of theft
What are the two sections that cover the mens rea of theft?
section 2 dishonesty
Section 6 intention to permanently deprive
What is Section. 2 Of the theft act defined as?
The theft act does not define dishonesty but lay down circumstances under section 2 by the defendant would not be dishonest these are
A) Where he believes that he has legal right to deprive the other of the property
B) Where he believes that the owner would have allowed him to have the property in the circumstances (Holden)
C) he believes that the true owner cannot be found by taking reasonable steps ( Small)
What test should be used in order to establish if the defendant was dishonest and what is the case?
as parliament did not define what dishonesty was it outlined in Ivey V Genting Casinos held The UK Supreme Court upheld it’s conviction they said the test for dishonest should be did the reasonable man regard the defendants actions as dis honest this is an objective test and confirms in Barton Booth 2020 The test a court should use to decide if the defendant is dishonest is:
what was the defendants actual state of knowledge or belief as to the facts?
was defendants conduct dishonest by the standards of the ordinary decent person?
What is the intention to permanently deprive stated as in the theft act 1968 and what is its section number?
Section 6: The intention to permanently deprive must exist at the time of appropriation it will be irrelevant that the property is later restored to the owner. A person cannot be guilty of theft for unauthorised borrowing unless it is returned with diminished practical value.
