EXAM NOTES: Theft

Question 1

What is the general structure for a theft question?

Answer 1

(1) Appropriation
a. Later appropriation
(2) Property
(3) BTA
a. For a purpose
b. By mistake
(4) Dishonesty/Ghosh
a. Willingness to pay/leaving without paying
(5) IPD
a. Borrowing
(6) Making off without payment

Question 2

What is the basic law on theft?

Answer 2

Theft Act 1968 s1(1) a person is guilty of theft if he

• dishonestly
• appropriates
• property
• belonging to another
• with the intention of permanently depriving the other of it

Question 3

What is the AR for theft?

Answer 3

• Appropriation
• Property
• Belonging to another

Question 4

what is the MR for theft?

Answer 4

• Dishonesty

- Intention to permanently deprive

Question 5

what is an appropriation?

Answer 5

1) S3 TA 1968 any assumption of a right of an owner
2) R v Morris assumption of any right is sufficient
3) DPP v Gomez – consent is irrelevant; almost anything is an appropriation. Very wide gate
4) R v Hinks – receiving a gift is an appropriation

Question 6

What is the law for later appropriations?

Answer 6

• s3(1)
• where D comes by the property (innocently or not) without stealing it
• and then decides to keep it or deal with it as an owner
• amounts to theft because the initial appropriation constitutes a continuing act – R v Hale

Question 7

who is protected from the law on later appropriations?

Answer 7

s3(2) innocent purchaser for value protected

Question 8

what is property?

Answer 8

S4 TA 1968 defines property and contains exceptions

Oxford v Moss – confidential information cannot be intangible property

Question 9

what is the general law on belonging to another?

Answer 9

S5(1) TA 1968 – anyone having ‘possession or control’ of property or any proprietary right or interest - Includes joint owners

Question 10

what is the law on possession or control?

Answer 10

• R v Turner – garage had possession and control of the car so D stole his own property
• R v Woodman – property can belong to those who have possession or control of the land it is found on
• Parker v British Airways – but only if they demonstrate an intention to exercise that possession or control over things found on the land

Question 11

what is the law on wild property?

Answer 11

• If wild cannot be stolen unless for commercial purpose

- If on someone’s private land, can be stolen under s4(2)(b) – severing something forming part of the land

Question 12

What is the law on abandonment?

Answer 12

• Williams v Phillips courts unlikely to accept abandoned property easily – even rubbish left for the bin men was left for a purpose

Question 13

What is the law on lost property?

Answer 13

• Original owner still owns lost property e.g. Hibbert v McKiernan – trespassers stealing lost golf balls

Question 14

what is the general law on property given for a purpose?

Answer 14

• s5(3)
• the agent who receives the property still receives it as belonging to another
• so long as there is a legal obligation to use it in a certain way

Question 15

how does the law on property given for a purpose work?

Answer 15

• R v Breaks v Huggan – s5(3) does not have automatic application; the judge must decide.
• can apply in social situations Davidge v Bunnet (paying household bills)
• depends on all the facts e.g. R v Hall (travel agent) no duty on the facts

Question 16

what situations in particular are likely to lead to a legal duty to use the property in a certain way?

Answer 16

• express assurances that the money will be used for a particular purpose R v Klineberg Marsden
• money held in a special and separate account R v Wain

Question 17

What is the general law on property gained by mistake?

Answer 17

• TA 1968 s5(4)

• if X gets property by mistake and is under an obligation to return it,
• the property should be regarded as belonging to the person entitle to receive the returned property

Question 18

how does s5(4) TA 1968 work?

Answer 18

• Must be a legal duty to return; Re Gilks illegal betting contract so no duty
• AG’s Reference (No 1 of 1983) – s5(4) operates when D becomes aware of the mistake - overpaid policewoman

Question 19

what is the alternative to using s5(4) TA 1968 for property gained by mistake?

Answer 19

use s5(1)

• the transferor has an equitable interest in the property
• because it was transferred by mistake
• R v Shadrockh-Cigari

Question 20

What are the exceptions to the general law relating to dishonesty?

Answer 20

• s2(1)
• D cannot be dishonest
• if he honestly believes (not reasonably R v Robinson)
  • A) that he has in law the right to deprive.
  • B) that the other person would consent.
  • C) that the owner cannot be discovered by taking reasonable steps
  o ‘reasonable steps’ is judged against what D thinks will be reasonable – totally subjective

Question 21

What is the test for dishonesty?

Answer 21

R v Ghosh

• Objective/subjective test
• 1) by the ordinary (objective) standards of reasonable and honest people was D’s behaviour dishonest?
• 2) if so, must D himself have realised that what he was doing was dishonest?

Question 22

how does dishonesty relate to a willingness to pay?

Answer 22

• S2(2) D can still be dishonest even if he is willing to pay for the appropriated property

Question 23

how does dishonesty relate to leaving without paying?

Answer 23

• Edwards v Ddin – if you fill up your car intending not to pay then this is likely to be dishonest under the Ghosh test and can be prosecuted as theft
• If you only develop the dishonest intent after you fill up then there can be no coincidence of MR and AR as the property is owned by you
• covered by s3 Theft Act 1978 – making off without payment - instead

Question 24

what is the starting point for determining if someone had the intention to permanently deprive?

Answer 24

• common sense and the ordinary meaning of the words R v Lloyd

Question 25

what is the general law for ITPD?

Answer 25

- If D does not intend V to permanently lose the property, - it is enough if it is D’s intention was: - “to treat the thing as his own to dispose of regardless of the other’s rights” s6(1) TA 1968

Question 26

explain 'treat as your own'?

Answer 26

o R v Scott – intention to return stolen curtains did not negate the fact that he treated the property as his own

Question 27

explain 'to dispose of regardless of others' rights'

Answer 27

o R v Cahill– to dispose of meant to “deal with definitely.” Needs to be returned in a dramatically altered state with some of its 'goodness' gone o DPP v J – headphones returned snapped and therefore unusable so rights were disposed of. o R v Fernades - risking loss is disposing of property regardless of others rights

Question 28

how does borrowing relate to ITPD?

Answer 28

s6(1) TA 1968 borrowing can be equivalent to outright taking or disposal o R v Lloyd – was the intention to return it minus its goodness and practical value?