Theft

Question 1

What act does theft come under?

Answer 1

Theft Act 1968

Question 2

What is theft defined as in the Theft Act 1968 Section 1 ?

Answer 2

Theft is defined as the dishonest appropriation of property belonging to another with the intention to permanently deprive.

Question 3

Appropriation S3 of Theft Act 1968

Answer 3

Appropriation S.3 of the Theft Act 1968

“Assuming the owners rights” - R v Morris

{Consent to the appropriation - can occur even if person consents}

{Consent without deception - R v Hinks}

Question 4

Property S.4 Theft Act 1968

Answer 4

“Money and all other property real or personal, including things in action and other intangible property”

Oxford v Moss - knowledge of questions on exam paper was held to not be property

Question 5

Belonging to another S.5 Theft Act

Answer 5

“Anyone having possession, control or proprietary interest of the property may be considered as the person it belongs to.”

“Property belongs to another when it is under the ownership, possession, or control of another person” - R v Turner

S.5(3) - Legal obligation to deal with property in a specific way (Davidage v Bunnett)
S.5(4) - Mistake - Extra change or Extra wage or salary

Question 6

Dishonesty S2 Theft Act 1968

Answer 6

Not dishonest if:
S2 (a) D believes they have legal right to deprive
S2 (b) D believes owner would consent to take the item
S2 (c) True owner cannot be found through reasonable steps

Dishonest confirmed in case of Barton and Booth (created in Ivey) as:
1 - What was D’s actual state of knowledge or belief in the facts?
2 - Was the conduct dishonest according to the reasonable man?

Question 7

Intention to permanently deprive S6 Theft Act 1968

Answer 7

Must exist at the time of appropriation

Money - owner deprived of exact notes (R v Velumyl)

Question 8

Extra bits

Answer 8

Borrowed Property - Only theft of property has ‘wholly diminished in value so all goodness and virtue have gone (R v Lloyd)