Theft

Question 1

Introduce

Theft

S.1 Theft Act 1968

Apart of Theft

Answer 1

S.1 of the Theft Act 1968 - A person is guilty of theft, if he dishonesty appropriates property, belonging to another, with the intention, to permanently deprive the other of it

Question 2

Describe

AR Appropriation

S.3, Morris, Atakpu and Abrahams, Lawrence

Apart of Theft

Answer 2

S.3 - Appropriation is any assumption of the rights of the owner.

Rights of Owner
* Selling property
* Destroying property
* Possessing property
* Consuming property
* Using property
* Lending property
* Hiring out property

Morris - D does not have to assume all owner rights can be some rights

Atakpu and Abrahams - Act of appropriation occurs at one point in time and is not continuing act.

Lawrence - D can appropriate property even if owner consents.

Question 3

Describe

AR Property

Section 4, 4(2), 4(3), 4(4), Oxford V Moss, Kelly v Lindsay

Apart of Theft

Answer 3

S.4 - Property includes money, and all other property real or personal, including things in action and other intangible things.

Can’t be stolen
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S.4(2) Land except when;
A trustee takes land in breach of duty as a trustee.
Someone who doesn’t own severs anything forming part of the-land.
A tenant takes fixture from land let to him.

S.4(3) Flowers/Foliage, unless for reward or to sell.

S.4(4) Wild Creatures unless in captivity or possesses by another.

Electricity

Confidential Information - Oxford V Moss - Information is not property.

Body Parts - Kelly v Lindsey. Not unless held or controlled by another.
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Question 4

Describe

AR: Belonging to Another

S.5(1), Turner (No 2), Rickets V Basildon Magistrates Court, S.5 (3),

S.5(4), Apart of Theft

Answer 4

S.5(1) - Property belonging to another who has, possession or controls or proprietary right or interest in property.

Turner (No 2) - Can be guilty of stealing your own property.

Rickets v Basildon Magistrates Court - Property could belong to another even if they don’t know it is there.

S.5(3) - Property belongs to another even if received under obligation to deal with it in specific way.

S.5(4) - Property belongs to another where received my mistake , D obliged to return property.

Question 5

Describe

MR: Dishonesty.

S.2, S.2(1)(a), (b), (c), Barton V Booth - two part test

Apart of Theft

Answer 5

S.2 - Provides three situations that aren’t dishonest.

A) Honest belief of legal right to deprive other of it on behalf of himself or another 
B) honest belief, he would have others consent for appropriation
C) Honest Belief, person whose property belongs to another can’t be discovered by taking reasonable steps

Barton V Booth - 
1) What was D knowledge and beliefs as to the facts. 
2) Was D conduct dishonest by standard of ordinary decent person.

Question 6

Describe

MR: Intention to Permenantly Deprive

S.6, Velumyl, Mitchell, Lloyd

Apart of Theft

Answer 6

Destruction of property counts for this intention.

S.6 - D must intend to permanently deprive other of the property.

Velumyl - D can has intention to deprive even if replace with different property.

Mitchell - D doesn’t have intention if they abandon the property.

Lloyd - Borrowing can be theft if item loses all or big part of the value as D borrowed it.

Question 7

Apply to an Exam Question

Flip

Apart of Theft

Answer 7

Appropriation

Here the D assumed the rights of the owner because….

Property

Here the property is…

Belonging to Another

The property belongs to another, because…

(IF RELEVANT) The D was under an olbigation to…. but they failed to carry this out because….

Dishonesty

Do any S.2 Exceptions apply?

What was D’s knowledge of the facts?

Does the conduct fall below the standard of the ordinary reasonable person?

Intention to Deprive

The D did/n’t intend to permenantly deprive the V of the property because….

Conclusion

Is D guilty?