Theft Flashcards
Theft - Scheme
Actus Reus
1 - Appropriation
2 - Property
3 - Belonging to another
Mens Rea
1 - Dishonesty
2 - ITPD
– AR and MR must exist simultaneously
Defences 1 - Duress 2 - Self Defence 3 - Consent 4 - Intoxication
Appropriation (element 1 AR Theft) overview
s3 - Define with statute
Assumption of any one right of the owner is enough to constitute appropriation (as per Lord Roskill in R v Morris)
Appropriation is a ‘neutral act’ (as per Lord Browne-Wilkinson in R v Gomez). This means “consent is irrelevant to appropriation” (as per Lord Keith in R v Gomez).
It is possible to appropriate a gift (Lord Steyn applied R v Gomez re the ‘neutral’ meaning of appropriation in R v Hinks).
R v Morris
Appropriation case
Assumption of ‘any one’ right of the owner = appropriation.
Facts: D switched labels on items in shop and paid lower price for them.
Held: Lord Roskill - assumption of ‘any one’ right of the owner in Q is enough.
R v Gomez
Appropriation case
Switching labels - an example of appropriation
Facts: G was an assistant manager in an electronics shop, allowed co accused to purchase goods with stolen cheques, confirmed to manager that cheques were fine. Argued there was no appropriation, bc manager consented.
Held:
Lord Browne Wilkinson - appropriation is a neutral act.
Lord Keith - discussed a previous case, R v Morris, and said that consent was ‘irrelevant’ to appropriation.
Case law preceding R v Gomez
which provided that appropriation is a neutral act - therefore, can appropriate even w/ owner’s consent
Lawrence v MPC - held that appropriation can be an act consented to by the owner. (R v Gomez reverts law back to this)
R v Morris - Lord Roskill said: ‘an act done with an owner’s consent cannot be appropriation’.
Overruled by R v Gomez - law reverted back to Lawrence v MPC).
Time at which theft occurs in consent cases is impacted by R v Gomez: (both cases below preceded Gomez):
- R v Fristchy - owner required D to take gold coins to CH. D did so and then, once in CH, kept them for himself. Court held there was no theft as appropriation within UK jurisdiction had been consented to. Post R v Gomez - theft would have occurred in UK, if D had MR from outset.
R v Skipp - D posed as a genuine haulage contractor - collected 3 loads in LDN then delivered them to accomplice. Court held theft occurred when he delivered them to accomplice. Post R v Gomez, this case would be held such that theft occurred w each pick up - 3 times.
R v Hinks
Appropriation case
Can appropriate a gift.
Facts: H became friends with man with low IQ and convinced him to withdraw money - 300 a day until 60k had been raised to give to her. he did not have ability to calculate the value of money. D said this was not theft because it was a gift.
Held:
Lord Steyn applied R v Gomez (appropriation is to be treated as a neutral word) and therefore concluded it was possible to steal a gift.
Examples of appropriation (3)
- Offering someone’s property for sale (R v Pitham & Hehl)
- Switching labels on goods (R v Morris)
- Damaging/destroying property (no case law on this - would fall under criminal damage).
R v Pitham & Hehl
Offering someone’s property for sale - example of appropriation.
D offered V’s furniture for sale whilst he was in prison. Offering for sale was held to be appropriation because this constituted assuming the R of an owner.
Special cases of appropriation (3)
1 - Later appropriation - s3(1)
2 - Continuing appropriation - R v Hale
3 - Innocent appropriation s3(2) and R v Adams
R v Hale
Continuing appropriation case
“Act of appropriation need not be instantaneous, but can continue for as long as the jury decide the D could be in the course of appropriation”.
i.e. act must be continuous and on-going.
R v Adams
Innocent appropriation as per s3(2) case law example.
D purchased stolen motorbike parts not knowing they were stolen.
He found out later that they were stolen and nevertheless kept them.
CoA said that this was not theft as he had a defence under s3(2).
Property (element 2 AR Theft) overview
- Define in s4(1).
Note: things in action include debts, Rs under a trust, cheques and money in a bank account.
Intangible property: e.g. patents and shares. - 5 categories of things that cannot be stolen:
1. Electricity (Low v Blease)
2. Confidential Information (Oxford v Moss)
3. Land/Things forming part of land - s4(1) cf. s4(2).
4. Things growing on the land -s4(3)
5. Wild creatures - s4(4)
Low v Blease
Electricity cannot constitute ‘property’ for AR element 2 of theft:
Burglar made phone call and was charged with stealing electricity that powered the call. Court held that electricity cannot be stolen. Another offence exists to cover this: obstructing property.
Oxford v Moss
Confidential information cannot constitute ‘property’ for AR element 2 of theft:
Student saw exam paper pre-exam and put it back. Held: confidential information does not constitute property.
Belonging to another (element 3 AR Theft) overview
Define - s5(1) statute (possession, control, proprietary right or interest)
R v Shadrockh Cigari - includes equitable interests.
Special cases - belonging to another:
- Abandoned property
- Possession/control
- Stealing own property
- Property given for a particular purpose/certain dealing
- Property received through another’s mistake
AR element 3 - Belonging to another
Special case 1: Abandoned property
- Whether property is abandoned is a Q of fact (type, value, circumstances)
- Even when property is abandoned, unlikely that court will view it as such.
Williams v Phillips
Hibbert v McKiernan
Smith & Hogan
Ricketts & Tolkeis
Williams v Phillips
Belonging to another
(1) Abandoned property
Householders who leave rubbish in council dustbins have not abandoned the rubbish, even if they no longer have a use for it.
Hibbert v McKiernan
Belonging to another
(1) Abandoned property
Just because people have stopped looking for property does not mean that it is abandoned.
Golf balls in rough land near ponds were not considered abandoned.
Smith & Hogan regarding Abandoned Property (“belonging to another” element)
Belonging to another
(1) Abandoned property
Smith and Hogan argue that a person who loses an engagement ring has not abandoned it, even if they stop looking for it. if it turns up years later, they can still claim it as their own.
Ricketts and Toleikis (2 cases)
Belonging to another
(1) Abandoned property
Person who leaves clothes outside a charity shop has not abandoned them because they’ve left them for a specific purpose.
Ownership passes to the charity. Charity is therefore the rightful owner if they are stolen.
AR element 3 - Belonging to another
Special case 2: Possession/control
R v Woodman - can have control, even if unaware of existence of property.
Facts: co sold all scrap metal on site of disused factory. some metal had been left behind. Woodman stole it. Held: it belonged to company and legal owner who failed to retrieve it after the sale because the company owning the factory was exercising control over items inside: they had taken steps to exclude trespassers.
Lord Widgery - does not matter that company/legal owner were not conscious of the fact that metal was there.
Parker v BA Board
Facts: P found bracelet in BA lounge. BA Board claimed it was theirs because they controlled the lounge.
Held: distinguished Woodman - here a section of the public was allowed to enter. Bc of this, BA had to demonstrate intention to exercise control over items inside: explicitly or impliedly.
Signs: BA owns all lost property/BA will destroy all prop/policy - all lost property to be in BA care… these might have helped.
Donaldson LJ - when original owner did not come forward, passenger was to keep the bracelet.
