Theft

Question 1

Theft: type of offence and maximum sentence

Answer 1

Triable either way
7 years

Question 2

Theft

Answer 2

The dishonest appropriation of property belonging to another with intention to permanently deprive
s.1(1) Theft Act 1968

Question 3

Appropriation

Answer 3

S.3 (1) Theft Act 1968
Assumption of the rights of the owner of the property
CASES:
Morris- switched price labels
Lawrence- taxi (a theft can exist even if consented to, if done dishonestly)
Hinks- D given large amounts of money by V (who D cared for). V had limited intelligence and couldn’t understand the concept of ownership. Courts ruled this was an appropriation.

Question 4

Property

Answer 4

S.4(1) Theft Act 1968
Propery includes money and all other property, real or personal, including things in action and other intangible property
CASES:
Oxford v Moss- exam papers (information isn’t property)
Marshall- D buying and reselling London Underground tickets for a reduced rate. Court decided the tickets belonged to London Underground Ltd, not the seller.
Kelly- corpse became property after being subject to skill.

Question 5

Belonging to Another

Answer 5

S.5(1) Theft Act 1968
Property shall be regarded as belonging to any person having possession or control of it, or having any proprietary right or interest
CASES:
Turner-stole car from garage with spare key, garage was in possesion/control of the car
Davidge v Bunnett-flat share cheques, property remains belonging to another if there is an application to deal with the property in a particualr way and if it’s not then it is theft

Question 6

Intention to permanently deprive

Answer 6

S.6(1) Theft Act 1968
Intention to treat the thing as his own regardless of the other’s rights; and a borrowing or lending…equivalent to an outright taking or disposal
CASES:
DPP v Lavender-stole doors from council property being repaired to replace damage doors in gf’s council flat, D intended to treat doors as his own despite rights of the council.
Lloyd- copied films from cinema before returning them for the screening, not theft as the “goodness, virtue and practical value” of the property still exists.

Question 7

Dishonesty

Answer 7

S.2(1) Theft Act 1968
Exceptions:
1) D believe he has a legal right to deprive the other of the property
2) D believes he would have the other’s consent if the other knew of the appropriation
3) The owner cannot be discovered by taking reasonable steps
CASES:
Small-abandoned car, honestly believed he had a right to take it, no theft
Ghosh -surgeon claimed money for operations he hadn’t done

Question 8

Test for dishonesty

Answer 8

Test came from Ivey (civil case): D cheated at casino, the court will now decide what it is the D believed and then willl determine whether D’s actions are dishonest by the standards of ordinary, reasonable and honest members of society
Confirmed in Barton & Booth: Owner of luxury nursing home stole money from elderly and dependant residents, CoA confirmed the test for dishonesty in criminal cases was set out in Ivey.