Chapter 4- Theft

Question 1

Basic definition of Theft under S1 Theft Act 1968

Answer 1

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Question 2

Actus Reus of theft

Answer 2

Appropriation
Property
Belonging to another

Question 3

Mens rea of theft

Answer 3

Dishonesty

Intention to permanently deprive

Question 4

Can you appropriate property belonging to another if you have consent from the owner of the property

Answer 4

Consent is irrelevant to appropriation in line with GOMEZ

Question 5

Gomez tests

Answer 5

All dealing property is appropriation; only the mens rea distinguishes the thief from the honest person

If one can appropriate with consent, then it can take place as soon as you do anything with somebody else’s property, whether they consent or not.

Question 6

Types of property

Answer 6

Tangible and intangible goods

Question 7

What are things in action for intangible goods

Answer 7

Rights asserted by law- for example right to travel, right to credit, copy rights, trademarks (MARSHALL AND OTHERS)

Question 8

Two exceptions to theft

Answer 8

Theft of foliage or wild mushrooms s4(3)TA

A wild creature unless already in someone else’s possession E.G caught fish S4(4) TA

Question 9

Rights of property belonging to another

Answer 9

Actual property - has legal / equitable ownership / possession and control or
Other proprietary rights

Or special situations like obligations to retain and deal/ obtained by mistake and obligation to make restoration

Question 10

Case of separation of Interests

Answer 10

Woodman - shows who has control and who has possession of

Question 11

Two exemptions to appropriation of property under S5 TA

Answer 11

S5(3) TA 1968 property which D received subject to an obligation.

Theft of D doesn’t use property in the way it was intended. I.e gives £10 for charity walk but buys a bus ticket will be theft case of HALL

S5(4) TA 1968 property which D gets by mistake

V is entitled to get the property back from D at some point.

Question 12

4 points to consider S5(4) TA 1968 property which D gets by mistake

Answer 12

Theft will not occur if the mistake was so fundamental that it prevented ownership of the goods passing to D - GILKS

There must be a present legal obligation to make restoration- give goods back to V

It operates where there have been overpayments of change, excessive age and salary payments

S5(4) does not deal with all of the other elements required for a theft conviction.

Question 13

Mens rea of theft

Answer 13

Proof that D was dishonest and they intended to permanently deprive V of property

Question 14

Two distinct strand of dishonesty

Answer 14

S2 TA three situations where D is not dishonest

If none of the 3 apply the Ghosh test

Question 15

3 situations where def is not dishonest under S2

Answer 15

The belief that the D in law had the right to deprive V of the property

The belief that they would have Vs consent

The belief that the person to who the property belongs cannot be discovered

Question 16

Ghosh test of dishonesty old version

Answer 16

Was D conduct dishonest according to the ordinary standards of reasonable and honest people. If no D not dishonest

If yes

Did D realise that their conduct was dishonest by ordinary stances of reasonable and honest people. If no they would not be dishonest.

Question 17

Amended ghosh test

Answer 17

Ivey v Genting Casino

The state of the individuals knowledge or belief as to the facts

The question whether D conduct was honest or dishonest is to be determined by the court applying the objective standard of ordinary decent people

No longer requirements that D must appreciate what they’ve done is dishonest.

Question 18

S1(2) TA

Answer 18

D can still be found to be dishonest even if they saw no personal benefit. E.G they gave it all away to charity.

Question 19

Intention to deprive property S6 (1)TA

Answer 19

Temporary deprivation is to be regarded as permanently deprivation, e.g ransom, quality virtue, pawning cases.

D has treated the property of his own to dispose of, regardless of the others rights.

Question 20

Conditional intent

Answer 20

Where D has not made up their mind on what to steal and cannot be found guilty because of it