Theft Flashcards
Section 1 Theft Act 1968
A person is guilty of theft if they dishonestly appropriate property belonging to another, with the intention of permanently depriving the other of it.
Section 2: Dishonestly Section 3: Appropriates Section 4: Property Section 5: Belonging to another Section 6: With intention to permanently deprive
Actus Reus
Section 3: Appropriation
Section 4: Property
Section 5: Belonging to another
Mens Rea
Section 2: Dishonestly
Section 6: With intention to permanently deprive
Section 2: Dishonestly
The theft Act does not define dishonestly. Section 2(1) provides three situations when an appropriation will NOT be dishonest: Section 2 (1)(a): when the defendant believes he has a legal right to the property (R v Robinson) Section 2 (1)(b): when the defendant believes he would have the owners consent to take the property (R v Holden) Section 2 (1)(c): when the person whom the property belongs cannot be discovered by taking reasonable steps (R v Small)
Section 4: Appropriation
Section 3 states that appropriation can occur in two ways:
By assuming the rights of the owner
Receiving property innocently (without stealing it) but later assuming the some right of the owner
Appropriation: R v Morris
In this case, switching price labels was said to be an appropriation, even though nothing was taken
It was held that appropriation is any adverse interference with the owners rights
Appropriation: R v Lawrence
A foreign student did not speak English and offered a taxi driver his wallet to take the money for his fare. The Taxi driver took far too much, and was charged with theft.
The court said that even though V had consented to the appropriation, it was still theft because D had obtained the consent by deceiving V.
Appropriation: R v Gomez
D worked in an electrical goods shop, and he allowed his accomplice to use fake cheques to obtain goods.
Just as in the case of Lawrence, The court said that even though V (the shop owner) had consented to the appropriation, it was still theft because D had obtained the consent by deceiving V.
Appropriation: R v Hinks
A woman D was the carer of an older man of low intelligence, and persuaded him to make gifts to her totalling some £60 000. The jury convicted her of theft.
The House of Lords said there can be an appropriation even where the victim gives the money voluntarily to the thief, if D was dishonest.
Section 4: Property
Defined in section 4 of the Act
Includes money and all other property, real or personal, including intangible property”
Does not include:
Land
Not wild plants, fruit or animals, unless taken for commercial purposes (or if the animals were in captivity)
Property: Oxford v Moss
A Liverpool University student obtained a copy of an examination paper that he was due to sit.
He was acquitted because information is not “property”, and he had not stolen the actual piece of paper itself.
Property: R v Akhbar
A teacher stole exam papers to pass the information on to her students
She was convicted of theft because she had stolen the actual piece of paper itself
Section 5: Belonging to Another
Defines belonging to another as property which shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary interest
Belonging to another: R v Turner
D took his car to a garage for repairs, and told them he would return next day to pay for the repairs and collect the car. He came back and took it that evening using his spare set of keys.
He was convicted of theft. Your own property can “belong to another” if there is an outstanding debt on it
Belonging to another: R v Davidge and Bunnett
The defendant shared a flat with several other people who gave her cheques to pay for the gas bill. D spent the proceeds on Christmas presents and left the flat without giving notice.
The court said that if property is given to you for a specific purpose, it still “belongs to another” and D cannot use it for any other purpose.
