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law- criminal law > theft > Flashcards

theft Flashcards

booklet 15

1
Q

what is the act for theft

A

theft act 1968 s.1

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2
Q

definition of theft

A

'’dishonestly appropriates (taking something) property belonging to another with the intention of permanently depriving the other of it”

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3
Q

actus reus

A

Appropriation

of Property

Belonging to Another Person

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4
Q

mens rea

A

Dishonesty

Intention to Permanently Deprive the other person of it (ITPD)

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5
Q

appropriation section

A

This is defined in Section 3 Theft Act 1968

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6
Q

appropriation definition

A

“Any assumption by a person of the rights of an owner”
So this is where you treat something as your own

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7
Q

what does appropriation involve (5)

A

Taking something and keeping it
Selling it
Destroying or Damaging it
Modifying or Changing it
Lending it to someone else
This does NOT just involve taking something - it is where you treat something as if it is your own

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8
Q

'’There is also no need to touch or handle anything to appropriate it’’

A

R v McPherson
(placed something somewhere without consent)

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9
Q

6 legal rules for appropriation

A

Appropriation can be a continuing act but the jury decides when it is complete

Swapping labels in shops is appropriation

If there is no appropriation there is no theft – even if there is intention to steal

Someone who purchases stolen items without knowledge is not guilty

If the owner consents to the appropriation this will not be theft – UNLESS this consent is obtained by deception

There can be appropriation even if something is given as a gift – if there is deception

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10
Q

Appropriation can be a continuing act but the jury decides when it is complete CASE

A

R v Atakpu and Abrahams (1993)
D’s hired luxury cars in Brussels and Germany with intention to bring them to UK to sell)

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11
Q

Swapping labels in shops is appropriation CASE

A

R v Morris (1984)
(D changed prices on an item in a supermarket to pay a lower price)

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12
Q

If there is no appropriation there is no theft – even if there is intention to steal CASE

A

Eddy v Niman 1981
(d was going to steal trolley of items from supermarket then last minute ditched them because he felt bad)

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13
Q

Someone who purchases stolen items without knowledge is not guilty ACT

A

s.3(2) Theft Act 1968

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14
Q

rule to come out of this (with a CASE)

A

They will not be guilty of theft – even if they become aware of the fact the items were stolen at a later date (R v Adams)

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15
Q

If the owner consents to the appropriation this will not be theft – UNLESS this consent is obtained by deception CASE

A

MPC V Lawrence
(D was taxi driver, V was Italian passenger who did not understand UK currency and held his wallet out to D for payment. D took 6 times too much)

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16
Q

There can be appropriation even if something is given as a gift – if there is deception
CASE

A

R v Hinks 2001
(D cared for an elderly man of limited intelligence who she persuaded to give her gifts totalling £60,000)

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17
Q

what section of the theft act defines property

A

Section 4 Theft Act 1968

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18
Q

what does property include (5)

A

Money
Personal Property (e.g. phone, bag etc – anything moveable)
Real Property (e.g. buildings)
Things in action (e.g. money in a bank account, debts)
Intangible Property (things that cannot be seen but can class as property)

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19
Q

what are things in action (inc a case to confirm things classed as things in action)

A

These are rights over property which can only be claimed by “action” and not by taking possession
e.g. rights under contracts, insurance policies, debts
Includes cheques and overdrafts (confirmed in R v Kohn)

20
Q

things that are also included as property (6)

A

Wildflowers, flora and fauna
Wild animals
Body Parts
Confidential Information
Electricity
Corpse

21
Q

Wildflowers, flora and fauna section

A

(s.4(3) Theft Act)

22
Q

wild animals section

A

(s. 4(4) Theft Act)

23
Q

body parts case

A

(R v Kelly and Linsday)

24
Q

corpse case

A

(R v Sharpe)

25
Q

confidential information

A

(Oxford v Moss)

26
Q

electricity section

A

(s.13 Theft Act)

27
Q

belonging to another section

A

Section 5 Theft Act 1968

28
Q

what does bta section include (5)

A

Another person owning something
Another person having possession or control of something
Wide interpretation of ‘belonging to’ – includes stealing your own property in some situations
Obtaining another persons property by mistake and keeping it
Being given another persons property for a specific reason and using it for something else (under an obligation – s.5(3)) (Davidge v Bunnett)

29
Q

Wide interpretation of ‘belonging to’ – includes stealing your own property in some situations CASE

A

(R V Turner)
(D took his car to a garage to be repaired. When he returned to collect it he saw it parked outside and used his spare key to drive it away without paying)

30
Q

Obtaining another persons property by mistake and keeping it SECTION

A

(s.5(4)) (AG’s Ref)
(D was a policewoman who was given extra money in her wages (£74) because of an accounting error and did not give the money back, but also didn’t spend it)

31
Q

Being given another persons property for a specific reason and using it for something else (under an obligation)

A

(Davidge v Bunnett)
(D was given some money to pay the gas bill by her flat mates. She decided to spend the money on Christmas presents instead)

32
Q

mens rea- dishonesty
is this defined under the theft act?

A

no

33
Q

which section defines what is NOT dishonesty (not rlly specific)

A

section 2 of the theft act

34
Q

what does this state (3)

A

D has the right to deprive the owner of the property
D would have consent of the owner in the circumstances
Person who the property belongs to cannot be discovered by taking reasonable steps

35
Q

D has the right to deprive the owner of the property CASE

A

(R v Robinson 1977)

36
Q

D would have consent of the owner in the circumstances CASE

A

(R v Holden 1991)

37
Q

Person who the property belongs to cannot be discovered by taking reasonable steps CASE

A

R v Small 1988)

38
Q

Intention the Permanently Deprive (ITPD) SECTION

A

S.6 (1) Theft Act 1968

39
Q

Intention the Permanently Deprive (ITPD) definition and CASE to back this

A

treating the thing as his own to dispose of regardless of the other’s rights
R v Lavender

40
Q

legal rules (5)

A

ITPD does not include conditional intent (D will only steal if there is anything is worth stealing)

ITPD includes where D intends to sell or ransom property back to the original owner

ITPD includes an intention to replace with identical property

ITPD includes where D intends to return property but cannot be sure of it’s return

ITPD does not include an intention to just abandon property

41
Q

ITPD does not include conditional intent (D will only steal if there is anything is worth stealing) CASE

A

R v Easom 1971
(D picked up a handbag in a cinema, rifled through it, then returned it without taking anything)

42
Q

ITPD includes where D intends to sell or ransom property back to the original owner CASE

A

R v Raphael 2008
(Two D’s took V’s car, then called V and told him they would return it if V paid them £500)

43
Q

ITPD includes an intention to replace with identical property CASE

A

R v Velumyl 1989
(D was company director who took money from the company safe, saying he intended to return it after the weekend)

44
Q

ITPD includes where D intends to return property but cannot be sure of it’s return SECTION AND CASE

A

R v Fernandes 1996 & s.6(2) Theft Act 1968
(D was a banker who invested money from a client but intended to return it)

45
Q

ITPD does not include an intention to just abandon property CASE

A

R v Mitchell 2008
(D stole a car to use as a getaway car but then abandoned it a short distance down the road with the doors open and hazard lights on)

law- criminal law (21 decks)

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