9.1 Theft

Question 1

What statute defined theft?

Answer 1

s.1 Theft Act 1968
“The dishonest appropriation of property belonging to another with the intent to permanently deprive”

Question 2

AR of Theft

Answer 2

• Appropriation s.3
• Property s.4
• Belonging to another s.5

Question 3

Appropriation s.3 TA 1968

Answer 3

• Taking on the rights of the owner
• Can appropriate without taking on rights of owner (R v Morris)
• Can appropriate your own property (R v Turner)
• Can appropriate something you had permission to use if you go in excess of it (Lawrence v CMP

Question 4

Property s.4 TA 1968

Answer 4

Money, real and personal property
Includes confidential info (Oxford v Moss)
You can take gifts waiting to be received (Rickets v Magistrates)

Question 5

Belonging to another s.5 TA 1968

Answer 5

Means anyone in control of the property, does not have to be the owner

Question 6

MR of theft

Answer 6

• Dishonesty s.2 TA 1968
• Intent to permanently deprive s.6 TA 1968

Question 7

Dishonesty s.2 TA 1968

Answer 7

• Dishonesty s.2 TA 1968
• test from (R v Barton and Booth)
  1) What was D’s knowledge and belief of facts?
  2) Would ordinary + reasonable view it as dishonest?

Question 8

Intent to permanently deprive s.6 TA 1968

Answer 8

• Intent to treat as own: selling, moving destroying etc
• can borrow with no intent (R v Lloyd)
• Have to return exact property= money (R v Velumyl)
• Conditional intent not enough (R v Easom)