Theft

Question 1

Definition of theft

Answer 1

Theft act 1968 s.1(1):
“a person is guilty of theft if he dishonestly (s.2) appropriates (s.3) property (s.4) belonging to another (s.5) with intention to permanently deprive the other of it (s.6)”

Question 2

AR of Theft

Answer 2

1. appropriation (s.3)
2. property (s.4)
3. belonging to another (s.5)

Question 3

1. Appropriation

Answer 3

s.3 ‘treating the property as there own/any assumption of the rights of the owner’ - this includes destroying or selling it

R v Pitham and Hehl - sold friends funiture while he was in prison

R v Morris - switched label on items, hadn’t gone through till yet, still assumed rights

Lawrence - taxi driver took over payment from Italian student

Gomez - x2 checks known to be stolen used for payment, D (shop assistant) persuaded manager to accept - consent by deception

Hinks - acceptance of gifts from old man with low IQ, taken advantage (£60,000 + TV)

Question 4

R V Pitham and Helh

Answer 4

sold friends furniture while he was in prison = assumed rights of the owner

Question 5

R V Morris

Answer 5

switched price labels on items in shop, still hadn’t gone through checkout but appropriated property

Question 6

Lawrence

Answer 6

Taxi driver took over-payment from Italian student, claimed he had consent to take wallet off of student an took £6 when fair was only 50p

Question 7

Gomez

Answer 7

x2 Stolen cheques used as payment, D (the shop assistant) persuaded the manager to accept despite knowing that they were stolen - consent obtained by deception

Question 8

Hinks

Answer 8

woman accepted £60,000 worth of gifts over 8 month period from elderly man with limited intelligence, taken advantage

Question 9

2. Property

Answer 9

s.4
a) MONEY - e.g. coins, banknotes, currency

b)REAL PROPERTY -
s.4(2)= a person cannot steal land EXCEPT where ownership rights are transferred OR things forming a part of the land e.g. soil, apples, rocks are taken

c)PERSONAL PROPERTY - e.g movable items; books, clothes, cars, jewelry
- R V Kelly and Lindsay = dead bodies held as as personal property
- R V Herbert (blood) and…
- R V Welsh (urine) = regenerative body materials still personal property

d)THINGS IN ACTION - a right that can be enforced against another e.g a debt/cheque
- R V Kohn - D accountant who wrote cheques to pay off his own debt

e)OTHER INTANGIBLE PROPERTY - rights which have no physical presence
-Oxford V Moss - student acquired proof version of exam, held that confidential info not property (not intention to deprive the uni of the piece of paper the Qs were printed on)
-AG for Hong Kong V Chan = export quota for textiles was intangible property that could be stolen

f)CANNOT BE STOLEN
-s.4(3) = plants growing in the wild (exceptions e.g from farmers orchard)
-s.4(4) = wild animals (unless captured)

Question 10

Money

Answer 10

coins
banknotes
currency

Question 11

Real Property

Answer 11

s.4(2)= a person cannot steal land EXCEPT where ownership rights are transferred OR things forming a part of the land e.g. soil, apples, rocks are taken

Question 12

Personal property

Answer 12

books, clothes, jewelry, cars

• R V Kelly and Lindsay = dead bodies held as as personal property
• R V Herbert (blood) and…
• R V Welsh (urine) = regenerative body materials still personal property

Question 13

Things in action

Answer 13

a right that can be enforced against another e.g a debt/cheque

• R V Kohn - D accountant who wrote cheques to pay off his own debt

Question 14

Other intangible property

Answer 14

rights which have no physical presence

-Oxford V Moss - student acquired proof version of exam, held that confidential info not property (not intention to deprive the uni of the piece of paper the Qs were printed on)

-AG for Hong Kong V Chan = export quota for textiles was intangible property that could be stolen

Question 15

property that cannot be stolen

Answer 15

s.4(3)wild plants
s.4(4)wild animals

Question 16

Belonging to Another

Answer 16

s.5(1) ‘having possession or control, or having a proprietary right or interest’

s.5(2) Trust Property
Tuner No.2 = collected own car at night from garage, in their control = guilty

s.5(3)Property received under obligation -conditioned to deal with property in a certain way
Davidge V Bunnet = flatmates spent money meant for bills on xmas gifts instead

s.5(4)Property obtained by mistake -if fails to return, theft
AG’s Ref No.1 = police woman received over payment

Question 17

Trust property

Answer 17

s.5(2) Trust Property

Tuner No.2 = collected own car at night from garage, in their control = guilty

Question 18

Property held under obligation

Answer 18

s.5(3)Property received under obligation -conditioned to deal with property in a certain way

Davidge V Bunnet = flatmates spent money meant for bills on xmas gifts instead

Question 19

Property obtained by mistake

Answer 19

s.5(4)Property obtained by mistake -if fails to return, theft
AG’s Ref No.1 = police woman received over payment

Question 20

MR of theft

Answer 20

1. Dishonesty
2. Intent to permanently deprive

Question 21

Dishonesty

Answer 21

s.2
3 situations when not dishonest;

s.2(1) believe they have a legal right - Holden
s.2(1)b) believe owner would consent
s.2(1)c) believe owner cant be found - Small

Dishonesty now defined by case of IVEY
Ivey test
1. what was D’s Knowledge/belief as to the facts?
2. was this dishonset accordiing to the standard of ordinary decent people?

Confirmed in Barton and Booth

Question 22

Dishonesty

Answer 22

s.2
3 situations when not dishonest;

s.2(1) believe they have a legal right - Holden
s.2(1)b) believe owner would consent - Robinson
s.2(1)c) believe owner cant be found - Small

Dishonesty now defined by case of IVEY
Ivey test
1. what was D’s Knowledge/belief as to the facts?
2. was this dishonset accordiing to the standard of ordinary decent people?

Confirmed in Barton and Booth

Question 23

Ivey Test

Answer 23

Dishonesty now defined by case of Ivey;
1. what was D’s Knowledge/belief as to the facts?
2. was this dishonest according to the standard of ordinary decent people?

Confirmed in Barton and Booth

Question 24

Intention to permanently deprive

Answer 24

s.6
1. Disposing of property regardless of the others rights - Marshall
2. Dealing with property regardless of the others rights
3. Borrowing or lending maiking it equivelent to taking or disposal - Velumyl

Conditional intent = Eason (rumaged through bag looking for anything worth stealing, didnt actually take anything = no eveidence to permanently deprive)