Theft

Question 1

What is theft as defined in the Theft Act 1968?

Answer 1

The dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.

Question 2

What constitutes the ACTUS REUS of theft?

Answer 2

The dishonest appropriation of property belonging to another.

Question 3

What does appropriation mean in the context of theft?

Answer 3

Appropriation can be an outright taking or treating property as your own.

Example: Selling property (Pitham and Hehl).

Question 4

Can appropriation occur if property is innocently acquired?

Answer 4

Appropriation can take place even if D leaves the property behind having taken it,as in corocan and Anderson

Question 5

What are some examples of appropriation?

Answer 5

Label swapping (Morris) and V consenting through deception (Lawrence, Gomez).

Question 6

Can appropriation occur with a gift made with consent?Explain correction element also

Answer 6

Appropriation can take place even when there is a gift made with consent without deception, if it is obtained through coercion

Example: Hinks.

Question 7

Can D be liable for theft if they leave the property behind?

Answer 7

Yes, as established in Corcoran and Anderton.

Question 8

What does S3(2) state about purchasing stolen goods?

Answer 8

D will be innocent if they purchase stolen goods in good faith.

Question 9

What types of property are covered under S.4(1)?

Answer 9

Property can be tangible (like money) or intangible (like licenses and patents).

Example: AG of Hong Kong v Chan Nai-Keung.

Question 10

What does S.4(3) state about property picked from the wild?

Answer 10

Anything picked from the wild for reward or sale does not constitute property.

Question 11

What types of property are not considered property under S.4(4)?

Answer 11

Wild creatures unless in captivity, confidential information (Oxford v Moss), and electricity (Low v Blease).

Question 12

Can bodies or body parts be stolen?

Answer 12

Bodies/body parts unless used for exhibition/teaching purposes as in Kelly and Lindsay however Bodley fluids can be stolen as in Welsh

Question 13

What does S.5(1) state about property belonging to another?

Answer 13

It means the victim has possession or control of it.

Example: Ricketts v Basildon Magistrates Court.

Question 14

What does S.5(3) state about property under an obligation?

Answer 14

If a person is under an obligation to retain and deal with property in a particular way, that property is regarded as belonging to another.

Question 15

What does S.5(4) state about property given by mistake?

Answer 15

Under S.5 (4) if a person is giving something by mistake Keeping it is considered keeping property belonging to another as the victim has a ‘proprietary interest’.

Example: Webster.

Question 16

Can an owner be convicted of stealing their own property?

Answer 16

An owner can be convicted of stealing their own property if it is temporarily in the possession of another.

Example: Turner.

Question 17

Can a person be in control of property they do not know is there?

Answer 17

Yes, a person can be in control of property even if they are unaware of its existence, such as abandoned property.

Example: Woodman case.

Question 18

What is the MENS REA requirement for dishonesty under theft?

Answer 18

Under S.2, D must be DISHONEST. The 2-stage test from Ivey v Genting Casinos. 1 )The jury must decide what was the actual knowledge or belief of D as to the facts (subjective test). 2) the jury must decide wether D’s behaviour would be regarded as dishonest by the reasonable,ordinary and decent person.

Question 19

When is a person’s appropriation not considered dishonest?

Answer 19

Appropriation is not dishonest if:
1) Under S.2(1)(a), D honestly believes they have a legal right (Small, Holden).
2) Under S.2(1)(b), D honestly believes the owner would consent (Holden).
3) Under S.2(1)(c), D honestly believes the owner cannot be found (Small).

Question 20

Can D be considered dishonest if they are willing to pay for the property later?

Answer 20

Yes, D may still be considered dishonest even if willing to pay later.

Example: D knew the purse was not his, and a reasonable person would view D’s actions as dishonest.

Question 21

What does intention to permanently deprive mean under s6 (1) ?

Answer 21

D must have an intention to permanently deprive, meaning to dispose of or treat the property as their own.

Example: DPP v Lavender case.

Question 22

Is an intention to sell or ransom property considered an intention to permanently deprive?

Answer 22

Yes, an intention to sell or ransom property back to the owner is considered an intention to permanently deprive.

Example: Raphael case.

Question 23

Does replacing property with identical property count as an intention to permanently deprive?

Answer 23

No, an intention to replace with absolutely identical property does NOT count as an intention to permanently deprive.

Example: Velumyl case.

Question 24

Is an intention to remove value from property considered an intention to permanently deprive?

Answer 24

Yes, an intention to remove the value from the property is considered an intention to permanently deprive.

Example: Lloyd case.

Question 25

Is an intention to abandon property considered an intention to permanently deprive?

Answer 25

No, an intention to abandon property is NOT considered an intention to permanently deprive unless the intention is to change it so as to lose all its value. ## Footnote Example: Mitchell case.

Question 26

Is a conditional intention to deprive considered an intention to permanently deprive?

Answer 26

No, a conditional intention to deprive is not an intention to permanently deprive, but it may result in a conviction for attempted theft. ## Footnote Example: Easom case.

Question 27

What does S.6(2) state about intention to part with property?

Answer 27

Under S.6(2), there is an intention to permanently deprive if D intends to part with the property under a condition that may not be able to be performed. ## Footnote Example: Fernandes case.