1
Q
Under what Act is theft defined and charged?
A
The Theft Act 1968
2
Q
S.1(1)
A
A person is guilty of theft if he dishonestly appropriates the property of another with the intention of permanently depriving the other of it
3
Q
A person is guilty of theft if he dishonestly appropriates the property of another with the intention of permanently depriving the other of it
A
S.1(1)
4
Q
A person is guilty of theft if he…
A
dishonestly appropriates the property of another with the intention of permanently depriving the other of it
5
Q
S.3
A
appropriation is ‘any assumption by a person of the rights of an owner’
6
Q
appropriation is ‘any assumption by a person of the rights of an owner’
A
S.3
7
Q
Appropriation occurs if D assumes the right of/to…
A
- possession
- sell the property
- change the property in some way
- destroy or throw away
- use or fully consume
- lend the property or hire it out
- keep possession after coming by it lawfully
8
Q
Morris 1983
A
no need to assume all of the rights of the owner- one is sufficient
9
Q
no need to assume all of the rights of the owner- one is sufficient
A
Morris 1983
10
Q
Lawrence 1972
A
Even if the owner consents to D taking it, it can be appropriation
11
Q
Even if the owner consents to D taking it, it can be appropriation
A
Lawrence 1972
12
Q
Pitham and Hehl 1977
A
Appropriation can occur by assuming the right to sell another’s goods
13
Q
Appropriation can occur by assuming the right to sell another’s goods
A
Pitham and Hehl 1977
14
Q
What happened in Gomez 1993?
A
- goods exchanged for worthless cheques
- Consent to appropriation was not genuine because of the deception about the value of the cheques
15
Q
- goods exchanged for worthless cheques
- Consent to appropriation was not genuine because of the deception about the value of the cheques
A
Gomez 1993
16
Q
Hinks 2000
A
Accepting a valid gift can be appropriation
17
Q
Accepting a valid gift can be appropriation
A
Hinks 2000
18
Q
Vinall 2011
A
Assumption of right of possession
19
Q
Assumption of right of possession
A
Vinall 2011
20
Q
Atakpu and Abrahams 1994
A
- If the appropriation takes place outside the jurisdiction of the English legal system, D cannot be charged under that law
- Must be coincidence of AR and MR
21
Q
- If the appropriation takes place outside the jurisdiction of the English legal system, D cannot be charged under that law
- Must be coincidence of AR and MR
A
Atakpu and Abrahams 1994
22
Q
Types of property under S.4(1)
A
- Money
- Real property (land)
- Personal property
- intangible property
23
Q
What section lists the type of property that can be stolen?
A
S.4(1)
24
Q
Real property can only be stolen if it falls within the circumstances found in what section?
A
S.4(2)
25
Real property can only be stolen if it falls within what circumstances found in S.4(2)?
- The land is held under a special capacity or relationship (trustee or executor of will)
- Someone not in possession severs anything forming part of the land
- D takes a fixture from land over which he is tenant
26
Kelly and Lindsay 1998
Personal property can include body parts
27
Personal property can include body parts
Kelly and Lindsay 1998
28
Oxford v Moss 1979
Confidential information does not count as property
29
Confidential information does not count as property
Oxford v Moss 1979
30
S.4(3)
‘plants growing wild’ do not count as property unless they are taken for ‘commercial purposes’
31
‘plants growing wild’ do not count as property unless they are taken for ‘commercial purposes’
S.4(3)
32
S.4(4)
- ‘A person cannot steal a wild creature not tamed’ unless it has been taken into captivity and has ‘not since been lost or abandoned’
- Tame wild creatures ‘shall be regarded as property’
33
- ‘A person cannot steal a wild creature not tamed’ unless it has been taken into captivity and has ‘not since been lost or abandoned’
- Tame wild creatures ‘shall be regarded as property’
S.4(4)
34
S.5(1)
Property belongs to another if they have ‘possession or control’ of the property or any ‘proprietary right or interest’
35
Property belongs to another if they have ‘possession or control’ of the property or any ‘proprietary right or interest’
S.5(1)
36
Turner (No.2) 1971
D can steal their own property if another has a right to possession of that property until the defendant has paid a bill (a repairer’s lien)
37
D can steal their own property if another has a right to possession of that property until the defendant has paid a bill (a repairer’s lien)
Turner (No.2) 1971
38
Woodman 1974
Can have possession of the property and not know it
39
Can have possession of the property and not know it
Woodman 1974
40
Ricketts 2010
Property which is given away remains in the possession of the donor until the delivery has been accepted
41
Property which is given away remains in the possession of the donor until the delivery has been accepted
Ricketts 2010
42
Webster 2006
- can have possession of the property and still steal it if someone else has a proprietary interest in the property
- Demonstrates S.5(4)
43
can have possession of the property and still steal it if someone else has a proprietary interest in the property
Webster 2006
44
D can only steal their own property in what 3 situations?
- trustee can steal the property that they are holding in trust on behalf of the beneficiaries
- can steal property if they do not deal with it in the requested manner
- can steal property which is sent to them by mistake if they later keep it
45
S.5(2)
Trustee can steal the property that they are holding in trust on behalf of the beneficiaries
46
Trustee can steal the property that they are holding in trust on behalf of the beneficiaries
S.5(2)
47
Sections with situations in which D can steal their own property
- S.5(2)
- S.5(3)
- S.5(4)
48
S.5(3)
can steal property if they do not deal with it in the requested manner
49
can steal property if they do not deal with it in the requested manner
S.5(3)
50
S.5(4)
A person can steal property which is sent to them by mistake if they later keep it
51
A person can steal property which is sent to them by mistake if they later keep it
S.5(4)
52
Case demonstrating S.5(3)
- Davidge v Bunnett
- Klineberg and Marsden
53
Gilks 1972
overpaid bets cannot be stolen
54
overpaid bets cannot be stolen
Gilks 1972
55
Case demonstrating S.5(4)
Webster 2006
56
S.2 lists what?
3 situations in which D was honest
57
What section lists 3 situations where D was honest?
S.2
58
S.2(1)(a)
D is honest if he 'appropriates the property in the belief that he has in law the right to deprive the other of it’
59
D is honest if he ‘appropriates the property in the belief that he has in law the right to deprive the other of it’
S.2(1)(a)
60
S.2(1)(b)
D is honest if he ‘appropriates property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it’
61
D is honest if he ‘appropriates property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it’
S.2(1)(b)
62
S.2(1)(c)
D is honest if he appropriates property in the belief that the owner cannot be discovered by taking reasonable steps
63
D is honest if he appropriates property in the belief that the owner cannot be discovered by taking reasonable steps
S.2(1)(c)
64
Case demonstrating S.2(1)(a)
Robinson 1977
65
Robinson 1977
Demonstrates S.2(1)(a)
66
Case demonstrating S.2(1)(c)
Small 1987
67
Small 1987
Demonstrates S.2(1)(c)
68
If S.2 dishonesty tests don't apply, what test will be used?
General test of dishonesty
69
Ivey 2017 and Barton and Booth 2020
General test of dishonesty
70
- What D knew or believed about the facts of the case (if D believed they themselves were dishonest)
- If D’s conduct was dishonest by the standards of reasonable people
General test of dishonesty
71
General test of dishonesty
- What D knew or believed about the facts of the case (if D believed they themselves were dishonest)
- If D’s conduct was dishonest by the standards of reasonable people
72
Where is the general test of dishonesty found?
Ivey 2017 and Barton and Booth 2020
73
S.6(1)
D has intention to permanently deprive if they intend ‘to treat the thing as their own to dispose of regardless of the other’s rights’
74
D has intention to permanently deprive if they intend ‘to treat the thing as their own to dispose of regardless of the other’s rights’
S.6(1)
75
Lavender 1994
‘Dispose of’ means ‘deal’ with
76
‘Dispose of’ means ‘deal’ with
Lavender 1994
77
Velumyl 1989
even if D intended to take the money and replace it later, he has deprived the owner of the money and this is sufficient
78
even if D intended to take the money and replace it later, he has deprived the owner of the money and this is sufficient
Velumyl 1989
79
Easom 1971
quickly replacing the property in the exact position from which it had been removed can be seen as evidence of no intention to permanently deprive
80
quickly replacing the property in the exact position from which it had been removed can be seen as evidence of no intention to permanently deprive
Easom 1971
81
Smith v Avon and Somerset 1984
later disposal is evidence of intention to permanently deprive at the time of the appropriation
82
later disposal is evidence of intention to permanently deprive at the time of the appropriation
Smith v Avon and Somerset 1984
83
LLoyd 1985
An intention to borrow can equate to an intention to permanently deprive if ‘the practical value’ has been removed
84
An intention to borrow can equate to an intention to permanently deprive if ‘the practical value’ has been removed
LLoyd 1985
85
Conditional intention
If there is no evidence that D had the intention to permanently deprive, there may be evidence that D intended to if there was anything worth stealing
86
If there is no evidence that D had the intention to permanently deprive, there may be evidence that D intended to if there was anything worth stealing
Conditional intention
87
Case that created conditional intention
AG Ref (No1 and 2 of 1979) 1979
88
AG Ref (No1 and 2 of 1979) 1979
Created conditional intention
89
What can conditional intention be used to charge?
Attempted theft
Criminal law
flashcards
Decks in class (19)
# Cards
-
MR and AR46
-
Strict liability9
-
Factual and Legal causation29
-
Non-fatal offences62
-
Defence of Consent26
-
Duress of necessity11
-
Murder22
-
Unlawful Act Manslaughter38
-
Gross Negligence Manslaughter20
-
Loss of control51
-
Self-defence37
-
Diminished responsibility24
-
Theft89
-
Robbery25
-
Burglary28
-
Intoxication18
-
Insanity13
-
Attempts14
-
Automatism8
