Theft

Question 1

what is theft defined by?

Answer 1

section 1 theft act 1968

Question 2

definition of theft

Answer 2

the dishonest appropriation of property belonging to another with the intention to permanently deprive

Question 3

AR Theft stage 1

Answer 3

APPROPRIATION (section 3) - “assuming the rights of an owner”

Morris - any assumption is enough

Gomez - the appropriation must be dishonest

SIDE RULES:
- if the d gets property but then decides to keep it - this is a theft (section 3(1))
- consent - if the d had consent to take the property - this is still an appropriation (lawrence)
- gifts - you appropriate property even if you receive it as a gift

Question 4

AR Theft stage 2

Answer 4

PROPERTY MUST BE STOLEN

under section 4 theft act 1968 only 4 types of property CAN be stolen:

-money
-personal (wallet/phone/car)
-intangible (things you cannot touch e.g. stocks and shares)
-real property (land and buildings)

Property that CANNOT be stolen: (TIP: you do not need to include these in your answer unless relevant)

-knowledge (oxford v moss)
-wild animals/plants
-electricity

Question 5

AR Theft stage 3

Answer 5

THE PROPERTY MUST BELONG TO ANOTHER

section 5(1) property belongs to another if they have ‘possession or control’ over it or a ‘right or interest’ in it

SIDE RULES:
-stealing your OWN property - if someone else has a right or interest in your property you can steal your own property (turner)
-lost property - the original owner still has a right and interest in it (section 5(1))
-abandoned property - the owner must have an intention to abandon property (basildon)
-money for particular purpose - section 5(3) you must use the money for the purpose intended (davidge v bennett)
-receiving money by mistake - section 5(4) you are under an obligation to return the money (AG’s ref)

Question 6

Theft MR stage 1

Answer 6

DISHONESTY - (no legal definition)
if the d falls into any of the “three negatives “ they are NOT dishonest

s.2 (1)(a) - d believes they have a right in law to the property
s.2 (1)(b) - d believes the owner would have consented to the taking
s.2 (1)(c) - d believes the owner cannot be discovered by taking reasonable steps

if the “three negatives” do not apply, apply the dishonestly test (confirmed in ivey + booth):

“was the d dishonest by the standard of an honest and reasonable person?”