Theft

Question 1

Define theft, and what section of which act does it come from ?

Answer 1

Section 1 of the theft act 1968 defines theft as, “The dishonest appropriation of property belonging to another, with the intention to permanently deprive”.

Question 2

Stage 1 of theft

Answer 2

Appropriation- Section 3 defines appropriation as ,” Assuming the rights of the owner”.
- (Morris)- Any assumption is enough
- (Gomez)- the appropriation must be dishonest
Side Rules:
-Section 3(1)- if the D gets property but then decides to keep it- this is a theft
- (Lawrence)- If you had consent to take, this is still an appropriation
- (Hinks)-You appropriate the property even if it is a gift

Question 3

Stage 2 of theft

Answer 3

Property must be stolen:
- Under section 4 theft act 1968, only four types of property can be stolen: money, personal, intangible, real property
- Side rule- property that cannot be stolen- Knowledge (Oxford v Moss), Wild animals/ plants, electricity

Question 4

Stage 3 of theft

Answer 4

The property must belong to another
-Section 5(1) The property belongs to another if they have possession or control over it, or a right or interest in it.

Question 5

Side rules for stage 3 of theft

Answer 5

-Stealing your own property- if someone else has a right or interest in i you can steal your own property (Turner)
- Lost property- the original owner still has a right or interest in it (Section 5(1))
-Abandoned property- The owner must have an intention to abandon the property (Basildon)
- Section 5(3)- You must use the money for its intended purpose (Davidge & Bennett)
- Receiving money by mistake - section 5(4) You are under an obligation to return the money (AG’s ref)

Question 6

Stage 4 of theft

Answer 6

Dishonesty- No legal definition of dishonesty. If the D falls into any of the three negatives, then they are not dishonest.
- if they do not meet any of the negatives, then apply the dishonesty test.

Question 7

How do you establish if someone is dishonest

Answer 7

Three negatives:
-s.2(1)(A)-D believes that they have a right in law to the property
-s.2(1)(B)- D believes that the owner would have consented to the taking.
-s.2(1)(C)- D believes that the owner cannot be discovered by taking reasonable steps

-Dishonesty test: “Was the D dishonest by the standard of a reasonable and honest person?”

Question 8

Stage 5 of theft

Answer 8

Intention to permanently deprive- Section 6(1)
-“The D continues to treat the property as if it is their own, regardless of the owners rights”.
Side rules:
- Replace- even if you intend to replace the property, you still have the intention to permanently deprive (Velumyl)
- Borrow- If you give the property back, but you have taken the,”Goodness, value, and virtue”, then this is an intention to permanently deprive (Lloyd)
-Conditional intent- If you only intended to steal if there is something worth stealing, this is not an intention to permanently deprive. (Easom)