Theft

Question 1

Under where is theft a statutory offence?

Answer 1

s.1 Theft Act 1968

Question 2

Definition of theft

Answer 2

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it

Question 3

What are the three sections of the AR?

Answer 3

• Appropriation
• Property
• Belonging to another

Question 4

What are the two sections of the MR?

Answer 4

• Dishonestly
• Intention to permanently deprive

Question 5

What section is appropriation defined in?

Answer 5

s.3

Question 6

What is appropriation?

Answer 6

Any assumption by a person of the rights of an owner amounts to an appropriation
(right to possess/sell/price/use/lend/destroy property)

Question 7

Case for appropriation

Answer 7

Morris

Question 8

What is later appropriation?

Answer 8

D has come by the property without stealing it, and later assumes the right to it by keeping or dealing with it as owner

Question 9

What section is later appropriation under?

Answer 9

s.3(1)

Question 10

Consent and appropriation

Answer 10

Can happen even with consent of the owner

Question 11

Case for consent and appropriation

Answer 11

Lawrence

Question 12

Where is property defined?

Answer 12

s.4

Question 13

What is property defined as?

Answer 13

Property includes money and all other property real or personal including things in action and other intangible property

Question 14

e.g property

Answer 14

Money, possessions (including dead bodies), bank transfers, patents, land and buildings

Question 15

What things can’t be stolen (property)?

Answer 15

• Confidential information (Oxford v Moss)
• Fungus, flowers, fruit and foliage (s.4(3)) provided they are growing wild and not picked for reward/sale
• Wild creatures (s.4(4)) provided they are not tamed or in captivity

Question 16

Where is belonging to another defined?

Answer 16

s.5

Question 17

What is belonging to another defined as?

Answer 17

Property shall be regarded as belonging to any person having possession or control over it, or having any proprietary right or interest

Question 18

Possession or control (belonging to another)

Answer 18

• The owner has possession and control, but the prosecution does not have to prove who the owner is (Turner)
• Possible to be in possession/control without knowing it (Woodman)

Question 19

Proprietary interest (belonging to another)

Answer 19

• Once someone has a proprietary interest/right it does not matter that someone exists who has a better right
• Where D owns property/has possession of it they can still be guilty of theft if another person has proprietary interest in it (Webster)

Question 20

Property received under an obligation (belonging to another)

Answer 20

s.5(3) where property is received under an obligation to deal with it in a certain way, if D fails to it may be theft (Davidge v Bunnett)

Question 21

Property received by mistake (belonging to another)

Answer 21

s.5(4) received property by mistake, under a legal obligation to return it to the owner (A-G’s Reference (No.1 of 1983))

Question 22

Lost property (belonging to another)

Answer 22

• Still belongs to the original owner and can be stolen
• Abandoned property cannot be the subject of a theft
• Fact for the jury to decide whether its lost or abandoned (Small)

Question 23

Where is dishonesty defined?

Answer 23

s.2

Question 24

What is dishonesty?

Answer 24

When D appropriated the property, they must be dishonest

Question 25

What are the 3 situations that are not dishonest?

Answer 25

- s.2(1)(a): D believes they have a legal right to deprive the other - s.2(1)(b): D believes in the other’s consent - s.2(1)(c): D believes the owner cannot be found by taking reasonable steps

Question 26

Case for dishonesty

Answer 26

Holden

Question 27

What test is used if none of the 3 situations apply? (Dishonesty)

Answer 27

The Ivey/Barton & Booth Test

Question 28

What is the Ivey/Barton & Booth Test? (Dishonesty)

Answer 28

- Jury must use common sense in deciding whether D was honest or dishonest - 1) What was D’s actual state of knowledge/belief as to the facts - 2) Was their conduct dishonest by the standards of ordinary decent people?

Question 29

Where is intention to permanently deprive set out?

Answer 29

s.6

Question 30

What is intention to permanently deprive?

Answer 30

- If D intents the owner to lose their property forever - D intends to treat property as their own to dispose of regardless of the other’s rights - Property is borrowed in circumstances equivalent to outright taking

Question 31

Case for intending to treat property as your own to dispose of despite other’s rights (IPD)

Answer 31

Lavender

Question 32

Case for borrowing property in circumstances equivalent to an outright taking (IPD)

Answer 32

Lloyd

Question 33

Conditional intent (IPD)

Answer 33

If D picks up property to assess whether there is anything worth stealing and puts it back after deciding there is not, D will not have an intention to permanently deprive (Easom)