What is the maximum sentence for theft?
Theft carries a maximum sentence of 7 years imprisonment.
What are the elements of theft?
The elements of theft include: appropriation, property, belonging to another, dishonesty, and intention to permanently deprive.
What is defined in section 3 of the Theft Act?
Appropriation is defined as ‘Any assumption by a person of the rights of an owner amounts to an appropriation.’
What was the significance of the case Pitham and Hehl (1977)?
In Pitham and Hehl, D offered to sell furniture belonging to another, and the Court decided that appropriation was complete at that point.
What was the ruling in Morris (1983)?
In Morris, the Court ruled that assuming any one right of the owner is enough for theft, even if the item was not taken from the store.
What is meant by ‘later appropriation’?
Later appropriation refers to situations where D comes by property innocently and later assumes the right to it by keeping or dealing with it as owner.
Can appropriation occur with the owner’s consent?
Yes, an appropriation can take place even with the consent of the owner.
Refer to Lawrence (1972) and Gomez (1993).
What was the outcome of the Lawrence case (1972)?
The Court decided that the taxi driver’s actions amounted to theft, despite the student’s consent.
What happened in the Gomez case (1993)?
D convinced the shop owner to accept stolen cheques, leading to a ruling that appropriation can occur even with the owner’s consent obtained by deception.
What was the significance of the Hinks case (2001)?
The Court confirmed that appropriation can occur regardless of whether it is a gift, as seen when D received £60,000 from a victim of low intelligence.
What is the definition of ‘property’ under s.4?
‘Property’ includes money and all other property real or personal, including things in action and other intangible property.
What types of property can be stolen?
Personal property (like possessions), real property (land and buildings), and other intangible property (like patents).
What are ‘things in action’?
Rights enforceable by court action, such as a bank transfer.
What is included in personal property?
Possessions, including dead bodies, body parts, hair, urine, etc.
What things cannot be stolen?
Confidential information, fungus, flowers, fruit and foliage (if growing wild), and wild creatures (if not tamed or in captivity).
What was the outcome of Oxford v Moss (1979)?
D could not be charged with theft of the information on the exam paper, as he returned it after reading the questions.
If he had kept the exam paper, it would have been theft of the paper itself.
How is ‘belonging to another’ defined in property offences?
‘Belonging to another’ is defined very widely in s.5: ‘Property shall be regarded as belonging to any person having possession or control over it, or having any proprietary right or interest.’
What was the ruling in Turner (1971)?
D was found guilty of theft for taking his own car from a garage without paying, as the garage had possession of the car and the right to retain it until repairs were paid for.
Can someone be in possession or control without knowing it?
Yes, it is possible to be in possession or control without knowing it.
What happened in Woodman (1974)?
A company was convicted of theft for scrap metal taken by D, even though the company was unaware it was there, as they had control over it.
The scrap metal had been left by a purchaser who did not want that bit.
What was the outcome of Ricketts v Basildon Magistrates’ Court (2010)?
D took bags of goods that had been deposited outside a charity shop and from bins at the rear. The bags outside remained the property of the giver until the charity shop took possession.
What is proprietary interest?
Once someone has a proprietary right or interest, it does not matter that someone exists who has a better right.
Can a person be guilty of theft if they possess property that someone else has a proprietary interest in?
Yes, a person can be guilty of theft even if they have possession and control of the property.
