What is the definition of theft?
‘A person is guilty of the theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’.
Which section and Act is theft defined in?
Theft is defined in S.1 of the Theft Act 1968.
What is the actus reus of theft?
To ‘appropriate property belonging to another’.
Which section deals with appropriation and what is appropriation?
S.3 deals with appropriation.
S.3 (1) states ‘any assumption by a person of the rights of an owner amounts to appropriation, including where he has come by the property innocently a later assumption of a right’.
How is appropriation satisfied?
There must be an assumption of at least 1 of the owner’s rights.
Case law examples of assuming an owner’s rights?
- R v Vinall
- R v Pitham and Hehl (appropriation by assuming the right to sell)
- R v Morris (appropriation by switching price labels)
Are there any other ways for appropriation to take place?
- When there is consent from the owner, provided they have been deceived in some way.
- When there is acceptance of a gifts. This depends on whether ‘ordinary and decent people would see the act of accepting the gift as dishonest’.
- Where the defendant acquires property without stealing it but later decides to keep it or deals with it as owner.
- Where appropriation occurs at a particular time and isn’t a continuing act.
Which section deals with property and what is property?
S.4 deals with property.
S.4(1) states that ‘property includes money and all other property, real or personal, including things in action and other tangible property’.
Are there any case laws?
- Lawrence v Metropolitan Police Commissioner (consent from owner).
- R v Hinks (acceptance of gift).
3.
- R v Atakpu and Abrahams (not continuing).
What does the definition mean?
For theft, the defendant must have appropriated property:
- Money includes notes and coins in any currency.
- Real property includes lands and things fixed to land under S.4(1).
- Personal property includes all moveable items as well as dead bodies and body parts (if altered for scientific or medical examination).
- Things in action means anything that can be enforced against another person by legal action such as cheques.
- Intangible property means property with no physical existence.
Which case law demonstrates personal property?
Kelly and Lindsay.
What is not included as intangible property? Give case example.
- Knowledge/information isn’t included as in Oxford v Moss.
- Electricity isn’t either.
What are the 2 things that aren’t classed as property that can be stolen under the purposes of theft?
i. Wild plants unless for sale.
ii. Wild animals unless reduced for their possession.
Which section and what does it suggest about wild plants not being classed as property that can be stolen?
S.4(3) states ‘a person who picks mushrooms, flowers, fruit or foliage growing wild, is not stealing unless he does it for commercial reward’.
Which section and what does it suggest about wild animals not being classed as property that can be stolen?
S.4(4) states that you cannot be convicted of stealing a wild animal. It can only be if the animal is tamed or in captivity because you have reduced it for your possession.
Which section defines belonging to another and what is belonging to another?
S.5 says that property must ‘belong to another’.
It defines that ‘property shall be regarded as belonging to any person having possession or control of it or having it in any proprietary right or interest’.
What are the 3 ways of being found guilty of property belonging to another.
- Stealing your own property where another person has possession or control of it.
- Where you aren’t aware of the property being there.
- Where someone has a proprietary interest even if the defendant owns and is in control of the property.
What are the case laws for each situation of being found guilty?
- R v Turner (stealing own property)
- R v Woodman (not knowing)
- R v Webster (proprietary interest if d owns/control property
What are the 3 situations where a defendant is acting dishonestly and causes a loss to another or has made a gain?
- S.5(2) covers where property is held by a trustee on behalf of another who can be liable for theft of trust property.
- S.5(3) covers where someone acquires property under an obligation.
- S.5(4) covers where money or property is received by mistake and are obliged to make restoration.
What does S.5(3) specify, in regards to acting dishonestly?
It makes it clear that where property has been given to the defendant to deal with it in a particular way and it isn’t done, it can be theft. This is because the property is regarded as belonging to the giver as in Davidge v Bunnett.
What does S.5(4) specify, in regards to acting dishonestly?
The money or property is regarded as belonging to the person entitled to restoration. The person will only be guilty if they’re aware of the mistake, is dishonest and has intent to permanently deprive as in A-G’s Reference No.1 of 1983.
Can lost property still be stolen?
Lost property can be stolen as it still belongs to another as someone still has a proprietary right or interest in it.
What does the case of R v Rostron show?
Abandoned property cannot be stolen.
What is the mens rea of theft?
The mens rea is that the appropriation of the property must be done ‘dishonestly’ and have the ‘intention of permanently depriving the other person of it’.
