Criminal - Theft

Question 1

Theft - Actus Reus

Answer 1

Appropriation of property belonging to another.

Question 2

Theft - Appropriation

Answer 2

Appropriation is the assumption of rights of an owner- including where a person acquires property without stealing it but then later assumes the rights of an owner

• Consent of the owner is irrelevant as to appropriation (DPP v Gomez) - Can be a valid gift of property (R v Hinks)

Restrictions:

• Not appropriation if you purchase the goods (s.3(2) TA 1968, R v Adams)
• Appropriation must involve some contact with property (not sufficient for D to merely cause V to use property in a manner beneficial to D) (R v Briggs)
• Cannot steal property more than once (although appropriation can be continuous) (R v Atakpu).

Question 3

R v Briggs

Answer 3

Appropriation requires contact between D and property - not enough to say D made V use property in a manner that benefitted D

Question 4

R v Hinks

Answer 4

Appropriation can be a valid gift of property.

Question 5

R v Adams

Answer 5

Not appropriation if you purchase goods

Question 6

DPP v Gomez

Answer 6

Consent of the owner is irrelevant as to appropriation.

Question 7

Theft - of property

Answer 7

Property includes:

• money, real property, personal property; list is virtually endless (R v Smith, Plummer and Haines)
• intangible property capable of being legally enforced e.g. IP, bank accounts, overdrafts (Chan Man-Sin v R)

Restrictions: Property is not-

• Confidential information (Oxford v Moss)
• Electricity (Low v Blease)

Question 8

Chan Man-Sin v R

Answer 8

Intangible property capable of being legally enforced e.g. IP, bank accounts, overdrafts

Question 9

Oxford v Moss

Answer 9

Confidential information is not property

Question 10

Low v Blease

Answer 10

Electricity is not property

Question 11

Theft - Belonging to another

Answer 11

• Having possission of / control of / proprietary interest in the property
• The property may in fact be your own (R v Turner (No. 2))
• Includes where you have received property from another and are legally obliged to deal with it in a particular way (s.5(1) TA 1968) (DPP v Huskinson).
• s5(4) TA1968 Includes where you have the obligation to return it (Moynes v Cooper)

Restrictions: Property will not belong to another-

• Property must belong to another AT THE TIME of the dishonest appropriation (Edwards v Ddin)
• Abandoned property does not ‘belong to another’ but courts are reluctant to declare this (Ormerod, Williams v Phillips)

Question 12

R v Turner (No. 2)

Answer 12

Car - garage repairs - tried to leave without paying - attempted to argue could not be guilty of appropriating his own property; held on appeal that garage had lawful control of the car.

A legal owner can be guilty of stealing his own property (where it also belongs to another)

Question 14

Williams v Phillips

Answer 14

Property left for a specific purpose is not abandoned, i.e. rubbish left for collection.

Question 15

RCRickets v Basildon Magistrates’ Courts

Answer 15

Property left for a specific purpose is not abandoned e.g. clothing left outside a charity shop

Question 16

Theft - Mens Rea

Answer 16

1) Dishonesty
2) Intention to permanently deprive

Question 17

R v GHOSH

Answer 17

Dishonesty

D acted dishonestly if:

i) D’s behaviour was dishonest by ordinary standards of reasonable and honest people (obj.) and;
ii) D realised that his actions were dishonest according to those standards. (subj.)

Question 18

MR - intention to permanently deprive

Answer 18

Includes:

a) where V has only limited interest (e.g. borrowing)
b) D intends to replace item
c) D does not intend to permantly deprive, may still be deemed to if he treats items as his own to dispose of
d) When V parts with item under condition to return which D may not be able to.

Question 19

R v Velumyl

Answer 19

D intends to replace item, even if identical, still forms MR

Question 20

R v Cahill

Answer 20

Deemed intent to permanently deprive:

Drunk D took newspapers on street - not liable

Question 21

R v Fernandes

Answer 21

Deemed intent to permanently deprive:

Risky money lending with clients’ money - liable since he dealt with property in such a manner that he knew the risk of taking loss.

N.B. whether actual risk is irrelevant- instead whether D believed

Question 22

R v Lloyd

Answer 22

Deemed intent to permanently deprive - treating property as own

Extends to borrowing and lending property if

period equivalent to outright taking and goodness and virtue is gone - only in exceptional circumstances

Question 23

Hibbert v McKiernan

Answer 23

Just because an owner has stopped looking for his property, doesn’t mean he’s abandonned it.

Question 24

R v Woodman

Answer 24

It is possible to have possession and control of property without knowing it

Question 25

Parker v BAB

Answer 25

Where public has access to land / vehicle, need to notify intention of controlling property found there.

Question 26

R v Robinson

Answer 26

Dishonesty = subjective test under statute i.e. belief is enough