Theft Flashcards
(26 cards)
What is the definition of theft?
The dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it
What is the AR and MR of theft?
AR: Appropriation
Property
Belonging to another
MR: Intention to permanently deprive
Dishonesty
How is appropriation defined in Theft Act S3(1)?
“any assumption by a person of the rights of an owner”
You only need to assume one of the ‘rights of the owner’ e.g. swapping labels in a shop would be an appropriation
D can appropriate property even with the consent of the owner
Can you steal a gift?
Yes - appropriation is a neutral act and the state of mind of the donor is irrelevant to appropriation - can take place with or without the consent of the owner and a person can be guilty of stealing a valid inter vivos gift
How does the court approach cases where all five elements of the AR and MR of theft do not coincide?
When D forms the mens rea later - apply TA s3(1) which accounts for a later appropriation
How does the Theft Act approach the innocent purchaser?
Exempts D from liability if they purchase goods in good faith and for value, and then later discover that the seller had no title and decides to keep it
What is property under Theft Act?
Money, all other property real or personal including things in action and other intangible property
Exceptions: land, things growing wild, wild creatures
What are the exceptions to the general principle that land cannot be stolen?
D is authorised to sell land and sells more than they should
D is a trespasser / invited guest and removes a fence or a lavender plant
D is a tenant and removes or sells without removing, a fixed greenhouse
Explain the wild plants exceptions to property
Not guilty of theft if you steal mushrooms, flowers, fruit or foliage
D is guilty of theft if purpose of picking is to reward, sell, for another commercial purpose, if they uproot or cut parts of wild plant or pick cultivated plants
Explain the wild animals exceptions to property
cannot be found guilty of theft of untamed animals
OR animals not ordinarily kept in captivity
CAN be guilty of theft of
Tamed animals
Animals kept in captivity
Animals in the course of being reduced into possession
What property can be stolen?
Money
Real property
Personal property
Intangible property
Illegal items
What property cannot be stolen?
Wild animals / plants
Electricity
Corpses and body parts except those taken into another’s possession (in hospital, blood in blood bank, corpses which have acquired different attributes)
Confidential information
Cheques drawn on accounts over agreed overdraft limit
Services
When do courts consider that property has been abandoned?
When the owner does not mind what happens to the property
Not abandoned just because you have stopped looking for it
How do courts approach ‘belonging’ regarding property?
They consider whoever had ‘possession and control’ of the item
Courts have found that property can belong to persons who have possession or control over the land on which property was found, even if unaware of its existence
Can you steal your own property?
Yes - e.g. when leaving car in a garage - mechanic has possession and control
How does S5(3) of TA cover property given to another for a particular purpose?
If someone receives property from or on account or another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property shall be regarded as belonging to the other.
This must be under a legal obligation - but this can be imposed on domestic / social arrangements
How do courts approach property obtained by another’s mistake?
TA S5(4): Property can belong to another even though legal title has mistakenly passed for the purposes of the act
Legal obligation to restore money you receive by mistake
Can also be considered that someone retains an equitable interest in their property
In which three situations would an appropriation of property not be regarded as dishonest?
- D has a right in law to deprive the other of the property
- D would have the other’s consent if the other person knew
- The person to whom the property belongs cannot be discovered by taking reasonable steps
[Here there is no need for D to take the steps, just to believe that taking such steps will not enable the owner to be found - if the owner then becomes known to the accused, keeping property could become theft]
No need for D’s belief to be reasonably held - as long as it is genuinely held
What is the general test for the positive aspect of dishonesty under common law [MR theft]?
Ivey v Genting:
a) What was the defendant’s knowledge and belief as to the facts
b) Given that knowledge and beliefs, was the defendant dishonest by the standards of ordinary decent people?
Can you appropriate property dishonestly even if you are willing to pay for the property?
Yes - as you cannot take something that somebody is not willing to sell
What must coincide for the timing of dishonesty in theft?
Dishonest intent must be formed at a time when the goods belong to another
Cannot be convicted of theft if you only form the dishonest intent after ownership of the property has passed
What is the general civil rule about when title passes [crucial for “belonging to another”]
Title in property passes when the parties intend it to pass
Property - when paid for
Food - when eaten / beforehand if cooked and ordered in a restaurant
Petrol - when put in tank
Does TA define intention to permanently deprive?
“Having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other’s rights”
How have courts interpreted the idea of “disposing of” another’s property
Attempting to sell the owner their own property
Using the owner’s property for bargaining
Rendering the property useless
Intending to treat it in a manner which risks its loss
More than “dealing with” is required
