Theft Flashcards
What is the act that contains the law of theft
Theft Act 1968 sections 1-7
What is section one of the Theft Act 1968
a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
From section one of the theft act, what are the 3 aspects of actus reus and 2 aspects of mens rea.
(and what section they are in)
Actus Reus:
- Appropriates (s3)
- Property (s4)
- Belonging To another (s5)
Mens Rea
- Dishonesty (s2)
- Intention to permanently deprive (s6)
What is the legal definition of ‘property’
‘money and all other property, real or personal, includings things in action and other intangible property’
Define the four elements of property (four things)
‘Money’ includes notes and coins
‘Property’ includes land and things fixed to land (buildings)
‘Things in action’ could be and cheques and money in a bank
‘intangible property’ property with no physical existance like a train ticket
(R vs Marshall) - selling train tickets
(Kelly and Lindsay) - appropriating body parts
What is meant by the term ‘appropriation’
- Appropriation refers to assuming the rights of an owner
R vs Morris (switching price labels) - including where a D acquires a property without stealing but later decides to keep it such as with a library book
in what situation could there be two appropriations committed? with case example
If someone both takes (1) and then chooses to dispose (2) of property, as only the owner has the right to do these two things.
(R vs Vinall)
What is meant by ‘belonging to another’ with case example
When someone Acquires property (usually money) legally but under an obligation to do something with said money - such as a charity.
Section 5 states that if property has been given to the D to be dealt with in a particular way and it is not it can be regarded as theft
Davidge V Bunnett - spent flatmates rent money on christmas presents
What is section 5(4) of the theft act regarding ‘belonging to another’
If the D receives money / property by mistake they are obliged to make restoration (give it back)
AG reg no.1 of 1983 case (why)
describe the first element of mens reus of the theft act
Dishonesty (s2)
while there is no definition of dishonesty in the theft act - we can know from cases it means to take something KNOWING you were not suppose to have it.
What was established in R vs Small
The belief (of right of appropriation) does not have to be correct or reasonable - it just has to be genuine
What are 3 examples given in S2 of what would NOT be considered ‘dishonest’ appropriation
believes they have a right in law - R vs Robinson
believes that they had others consent - R vs Holden
believes person cannot be discovered - R vs Small
(abandoned car case)
If none of S2 can be applied to dishonesty - what test is used and describe both stages
The Barton Test
a) What is the D’s knowledge of the facts
b) in the context of the D’s knowledge, did he act ordinary by the standards of a reasonable person
Describe the second element of mens rea in Theft
Intention to permanently deprive (s6)
Not about whether the V was permanently deprived but rather whether the D intended to permanently deprive them.
Sometimes obvious like if they, sell, destroying or spending it
What is a case where it is less clear on whether a D’s intention is to permanently deprive?
R vs Velumyl
a company director took money for a safe with the intention of paying it back - found guilty as it would be different bank notes meaning he permanently deprived them of those notes.
