Property Offences - Theft

Question 1

Theft definition

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

Actus reus: appropriation of property belonging to another
mens rea: dishonesty + intention to permanently deprive

Question 2

Appropriation

Answer 2

Means any assumption of the rights of an owner, includes:
- shopper switching price label on piece of meat
- shop manager handed over goods on receipt of fraudulent cheque (with consent of owner)
- receipt of gift.
- includes later assumption of rights of owner: e.g. D has come to property without stealing it but later keeps or deals with it as an owner

Multiple appropriations but a D can be charge once for each property

Question 3

Can land be stolen?

Answer 3

Land can only be stolen in exceptional cases:
1. by a trustee in breach of trust
2. by a person who is not in possession of the land if they appropriate sth forming part of the land either by severing it or after it has been severed
3. by a tenant who takes sth fixed to the land that they are not supposed to take

Question 4

Things can not be stolen

Answer 4

1. electricity
2. confidential information (not subject to theft
3. mushrooms, flowers, fruit or foliage growing wild on land: innocent of theft if this was not done for reward, sale or other commecial purpose
4. wild creatures (but wild creatures in zoo, or reduced in possession may be stoten)

Question 5

Meaning of belonging to another

Answer 5

where any person has:
- possessionl
- control; or
- prorietary right or interest in the property in question

Question 6

Can a person steal their own property?

Answer 6

Yes. E.g. D’s car at garage for repair. D drove his car away because did not want to pay the repair bill
Court held that the car wsa in possession and control of garage (because D owed money).

Question 7

When does ownership in property pass?

Answer 7

If the property not belong to another , the D cannot be guilty of theft.

Petrol: judges decided that as soon as petrol entered the tanl, the D had ownership, possession and control of it.

Where a person receives property from or on account of another, and its under an obligation to the other to retain and deal with that property or its proceeds in particular way, the property por proceed shall be regarded (as against him) as belonging to the other.
Two different authorities
- D raised money for a charity, paid into special account but spend on himself. Judgement : D was under obligation to deal with it in particular way.
- D was travel agent received money from clients to pay for flights, which went into his general acccount. Judgement: D was not under obligation to preserve the money in a separate fund, and was not obliged to use the money given to him for that specifc purpose

Question 8

Abandoned property

Answer 8

1. Courts are reluctant to treat property as abandoned. e.g. bin bag full of clothing lying next to the door of a shop, judgement Not abandoned as the shop intended thee charity to have the items.
   E.g. gofl balls from a lake : individual golfer abandoned but they remain the property of the golf club.

Question 9

Mens rea of Theft

Answer 9

2 elements:
1. Dishonesty
2. Intention to permanently deprive

Question 10

3 circumstances that will NOT amount to Dishonesty

Answer 10

In each circumstances, the person believes:
1. He has the right in law to the property
2. The owner would have consented had they known of the circumstances
3. the Owner cannot be discovered by taking reasonable steps: pick a 20 USD vs purse with bank card.

Question 12

A person may be dishonest even though they were willing to pay for property

Answer 12

E.g. Lucy take the ticket for concert of her favourite band from Anya nad leaves an amount of money in excess of ticket value.

Question 13

Ivey v Genting Casinos 2017 test of dishonesty

Answer 13

Magistrates or jury must:
1. ascertain (subjectively) the actual state of the D’s knowledge or belief as to the facts; and then
2. determine whether their conduct was honest or dishonest by the (objective) standards of ordinary, decent people.

Question 14

Intention to permanently deprive the owner of their property

Answer 14

1. meaning the owner to permanently lose the item (ordinary meaning)
2. treating item as D’s own to dispose regardless of owner’s right : use the property and return to owner after it has been used (e.g. takes debit card and used to buy things and return a card, taking tickets and resell,)
   3.** Borrowing in circumstances making it equivalent to an outright taking** (e.g. take the concert ticket and return after the concert)
3. Parting with the property under condition as to its return: e.g pawning