Theft

Question 1

Definition

Answer 1

S.1 Theft Act 1968 = “Dishonest appropriation of property, belonging to another, with intention to permanently deprive”

Question 2

AR - appropriation

Answer 2

Appropriation (S.3)
- Assumption of any of the rights of the owner (Morris)
- Not need possession
- Lord Roskill = “adverse interference with any of the owners rights”
- Can be consent through deception (Gomez, Lawrence), though not need deceit
- Can be gifts through deceit (Hinks)

Question 3

AR - property

Answer 3

Property (S.4)
- S.4(2) = real/personal property, money, things in action (Kohn, A-G v Chan Kei Keung), intangible property (stocks/shares)
- S.4(3) = wild plants picked for reward/commercial purposes
- S.4(4) = wild animals brought into captivity
- Include = bodily fluids (Welsh), body parts (Kelly + Lindsay), non confidential info
- Not include = confidential info (Oxford v Moss), corpses, electricity (Low v Blease)

Question 4

AR - belonging to another

Answer 4

Belonging to another (S.5)
- Possession/control/ proprietary interest
- Even if abandoned
- Can steal own (Turner)
- S.5(3) = property under obligation belongs to initial (Davidge v Bunnett, Wain, Klineberg v Marsden)
- S.5(4) = given by mistake belongs to initial (AG’s Ref No.1)
- Betting contracts not legally enforceable (Gilks)
- In control even if not present/aware (Woodman)

Question 5

MR - dishonest

Answer 5

Dishonest (S.2)
- No def, just x3 situations which aren’t dishonest
1 - S.2(1)(a) = believed legal right (Holden, Robinson)
2 - S.2(1)(b) = believed owner would consent (Holden)
3 - S.2(1)(c) = believed owner could not reasonably be found (Small)
- Ghosh test (ordinary people believed dishonest, D knew this) replaced with Ivey test (removed second element)

Question 6

MR - intention to permanently deprive

Answer 6

Intention to permanently deprive (S.6)
- Money from till, intending to return, not same money (Velumyl)
- Ransome = IPD (Raphael v Johnson)
- Borrowing is not theft (Mitchell) unless lost goodness/virtue (Lloyd)