theft

Question 1

how is theft defined in the Theft Act 1968?

Answer 1

s1(1)- if dishonesty appropriates property belonging to another with the intention of permanently depriving the other of it, and ‘theft’ and ‘steal’ shall be construed accordingly

Question 2

what kind of offence is theft?

Answer 2

either way max penalty of 7 years imprisonment

Question 3

what is the AR of theft?

Answer 3

appropriation of property belonging to another

Question 4

what is the MR of theft?

Answer 4

dishonesty coupled with an intention to permanently deprive

Question 5

what are the 5 elements of theft which must be satisfied for conviction?

Answer 5

appropriation, property, belonging to another, dishonesty, intention to permanently deprive

Question 6

what are the 3 requirements to satisfy the AR of theft?

Answer 6

appropriation ‘to make private property of anyone’

property- incl money and all other property real or personal incl things in action and other intangible property

belonging to another

Question 7

expand on appropriation- consent of the owner

Answer 7

HoL classed appropriation as an act which adversely interferes with ‘any right of an owner’- an act which is unauthorised, and assumption of any one right of an owner

Question 8

what did DPP v Gomez count as theft?

Answer 8

when appropriated with consent of owner by obtained by false representation, it was an act of appropriation, passing of property does not necessarily involve an element of adverse interference with or usurpation of some right of the owner SO appropriation can occur with consent/authorisation of owner

Question 9

what did Reg v Lawrence say about appropriation and consent?

Answer 9

consent of owner is irrelevant on whether appropriation has taken place, anyone doing anything to property belonging to another with or without consent is appropriating it

Question 10

can appropriation happen with gifts?

Answer 10

can still be appropriation even if it is a valid gift of property to D according to civil law, but conflicts as you do not assume the right of an owner because you are the owner

Question 11

what are the limits on appropriation?

Answer 11

R v Briggs- appropriation connoted a physical act, not just a more remote action so can be deceptive and dishonest but not necessarily theft

Question 12

can you steal property mire than one?

Answer 12

no- once D has stolen property, appropriated with full MR any later assumption of rights by them will not amount to another theft of property- R v Atakou BUT CoA said there are instances where appropriation is continuing and here, the jury must apply common sense as to when the appropriation ended

Question 13

what does it mean to say that thefts are invariably instantaneous?

Answer 13

all elements of definition are established instantly

Question 14

what about genuine purchasers who act in good faith?

Answer 14

people who acquire property without stealing it but later with MR of theft assume rights of an owner are usually guilty of theft BUT exception of a person is not liable IF when they acquired the goods, the transfer was ‘for value’ e.g. payment must have been made, and they acted in good faith e.g. had no doubt about the transaction and its legality and believed seller was acting entirely properly

Question 15

whta is teh definition of property?

Answer 15

property includes money and all other property, real or personal, incl things in action and other intangible property

Question 16

what is real property?

Answer 16

land and things attached/fixed to it

Question 17

what is personal property?

Answer 17

any tangible object that is not real property e.g. cars, tv, clothes, prohibited drugs unlawfully in Cs possession

Question 18

what are things in action?

Answer 18

property which cannot be touched/felt but can be enforced by legal action e.g. copyright of a book, bank account, overdraft

Question 19

what is other intangible property?

Answer 19

patent or application of a patent, Patents Act says they aren’t things in action but is clearly intangible so not personal property

Question 20

when can land be stolen?

Answer 20

limited circumstances so general rule= you cant steal land EXCEPT 3 conditions

Question 21

what are the 3 conditions when land can be stolen?

Answer 21

if a D is acting as a trustee (holding land for someone else) and sell the land

if D is not in possession of some land and removes items forming part of that land (not flowers of wild mushrooms etc)

if D has a proprietary interest as a tenant and removes fixtures e.g. if a university student takes their desk from halls

Question 22

can wild flowers and plants be stolen?

Answer 22

in some circumstances, they are deemed property and are capable of being stolen when taken for commercial reason but a person who picks it has not stolen unless he does it for reward or for sale or other commerical purpose

Question 23

can wild creatures be stolen?

Answer 23

they are regarded as property but a person cannot steal a wild creature not tamed or ordinarily kept in captivity unless its been reduced into possession

Question 24

what 2 other things cannot be stolen?

Answer 24

confidential info does not count as property (oxford v moss), electricity not property (separate offence for this) (law v blease)

Question 25

what does it mean to say the property must belong to another?

Answer 25

must belong to its legal owner- TA def is wider and says property can belong to different people (anyone who has possession/control other than the owner)- e.g. if someone is borrowing something the thief is stealing form owner and borrower

owner must have proprietary right or interest in it- person holding it in trust = legal owner, person it is held for =beneficial or equitable owner

Question 26

can a company own property?

Answer 26

yes, a director can steal assets from a company and would be stealing property ‘belonging to another’ even if they are shareholders and own it completely- because companies are a separate legal entity and the property belongs to it

Question 27

can you steal your own property?

Answer 27

yes- one legal owner can steal from another legal owner or beneficial/equitable owner of the same property- this is an extension of ‘another’ in the TA e.g. if you lend money and take it back before end of lease, it is stolen even though the money was yours

Question 28

what does it mean to say that the property must belong to another at the time of dishonest appropriation?

Answer 28

often need to look at contract law for teh exact time when the property is yours e.g. if refuse to pay for a meal youve already eaten etc- so practical difficulties in proving when D formed MR of theft as all elements have to occur at the same time- e.g. if person entered restaurant with MR they are guilty but if they only decide after, the property is already theirs so may not be convicted

Question 29

what is the offence of making off without payment?

Answer 29

person dishonestly makes off without making payment as required or expected and with the intent of avoiding payment of the amount due

Question 30

what is the obligation to deal with property in a particular way?

Answer 30

when a person is expected to use the property in a particular way/for a particular purpose, ownership of the property remains with the original person/person who hands it over, making it possible to establish a coincidence of all 5 elements of theft- this must be a legal obligation not just moral

Question 31

how does the provision of an item belonging to another apply to abandoned property?

Answer 31

it does not belong to anyone therefore does not ‘belong to another’ and cannot be stolen BUT abandonment depends on intention of the owner when they disposed of it- if they intended to relinquish interest entirely without giving interest to another, it is abandoned BUT lost property is not abandoned

Question 32

what is the MR of theft?

Answer 32

two parts: D was dishonest AND they had intention to permanently deprive the owner of the property

Question 33

how can Ds dishonesty be determined?

Answer 33

s2(1) of TA gives 3 subjective situations where D is NOT dishonest if he- believed he has right in law to deprive other, believes he would have others consent, cannot find other by taking reasonable steps- these are all based on whether D believed these circumstances to exist- no requirement for the belief to be reasonable

Ivey test

Question 34

can appropriation happen if D is willing to pay for property?

Answer 34

yes- s2(2) TA- willingness to pay not an automatic defence, q of fact for jury to decide e.g. if someone doesn’t want to sell item and person puts money down and takes it theft, but someone takes flatmate’s coffee and leaves money in its place this would show they aren’t dishonest and therefore cant be charged with theft

Question 35

what is the Ivey test

Answer 35

first case R v Ghosh 1982, then Ivey v Genting casinos 2017

R v Ghosh- 2 question for jury to consider: was what the D did dishonest according to standard of reasonable/honest people, if so did the D realise that the reasonable/honest person would regard what they did as dishonest?- if yes to both, D was dishonest

Ivey- SC says criminal test should be same as civil test- D now judged on the basis of their actual knowledge or belief as to the facts

Question 36

what is the intention to permanently deprive?

Answer 36

it is possible for this to someone who had only a limited interest in the property (borrower), D must intent to permanently deprive the owner of the specific thing they appropriated (intention to replace not sufficient-q of whether intent to replace is only relevant under dishonesty not under perm deprive)

Question 37

how does s6(1) relate to intention to permenently deprive?

Answer 37

two situations that can amount to theft:

if Ds intention is to treat the thing as his own to dispose of regardless of others rights, AND

borrowing or lending can amount to intention to perm deprive if it is for a period and circumstance making it equivalent to an outright taking or disposal- if there is still value attached to the property when it is returned, s6 cannot assist

Question 38

how does s6(2) relate to intention to permanently deprive?

Answer 38

parts with item under condition as to its return which D may not be able to perform