Theft Flashcards
(20 cards)
What is the definition of theft under s.1 Theft Act 1968?
The dishonest appropriation of property belonging to another with the intention to permanently deprive.
What is appropriation under s.3 Theft Act 1968?
“Assuming the rights of an owner.”
What do Morris and Gomez say about appropriation?
• Morris: Any assumption of one right is enough.
• Gomez: Appropriation can still occur even with consent if done dishonestly.
Can there be appropriation if the owner consents or gives a gift?
• Yes. Lawrence: Consent does not prevent appropriation.
• Hinks: Gifts can be appropriated if obtained dishonestly.
How do you apply appropriation to a scenario?
Identify whether D assumed any rights of the owner and whether it was done dishonestly.
What are the four types of property under s.4 Theft Act 1968?
- Money
- Personal property (e.g., phone, car)
- Real property (land, buildings)
- Intangible property (e.g., shares)
What types of property cannot be stolen?
• Knowledge (Oxford v Moss)
• Wild animals/plants (unless taken to sell)
• Electricity
How do you apply the property element in theft?
Identify the item and confirm it fits one of the four categories of property.
When does property belong to another under s.5(1)?
When another person has possession, control, or a proprietary interest in it.
Can you steal your own property?
Yes, if someone else has a right or interest in it (Turner).
What happens with lost, abandoned property, or property held for a purpose?
• Lost: Still belongs to original owner.
• Abandoned: No owner = cannot be stolen (Basildon).
• Property held for a purpose (s.5(3)): Must be used as intended (Davidge v Bennett).
What happens if D receives money by mistake?
Under s.5(4), D must return it (AG’s Ref).
How do you apply belonging to another to a scenario?
Identify who has possession, control, or interest in the property at the time of appropriation.
What are the 3 statutory negatives under s.2(1)?
• (a) D believes they have a legal right.
• (b) D believes the owner would consent.
• (c) D believes the owner cannot be found with reasonable steps.
What is the dishonesty test if none of the three negatives apply?
“Was D dishonest by the standards of an honest and reasonable person?” (Objective only)- Ivey test, Barton and Booth)
How do you apply dishonesty in a scenario?
Check if one of the three negatives applies. If not, apply the objective dishonesty test.
What does s.6(1) say about intention to permanently deprive?
D must intend to treat the item as their own regardless of the owner’s rights.
Is replacing the stolen item still theft?
Yes – Velumyl: Even if replaced, D deprives the owner of the exact item.
Can borrowing be theft?
Yes, if the “goodness, value and virtue” is gone (Lloyd).
What if D only intends to steal if the item is worth it?
That’s not sufficient for theft (Easom).
