Theft

Question 1

Where is the definition of theft set out

Answer 1

S1 Theft Act 1968
“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

Question 2

What is the maximum sentence for theft + nature of the offence

Answer 2

7 years in custody, statutory offence and triable either way

Question 3

What are the actus reus elements of theft

Answer 3

Appropriation (s3)
Property (s4)
Belonging to another (s5)

Question 4

What are the mens rea elements of theft

Answer 4

Dishonesty (s2)
Intention to permanently deprive (s6)

Question 5

1. Appropriation (s3) AR

Answer 5

(1) any assumption by a person of the rights of an owner amounts to appropriation

Question 6

Discuss some case law on appropriation

Answer 6

R v Morris- switching labels (assumption of rights of an owner)

R v Lawrence- taxi driver took more money than owed out of V’s wallet- even though he indicated for him to take it

DPP v Gomez- any touching or dealing with property amount to appropriation so even an honest shopper satisfies this element of theft

Question 7

What are the conflicting opinions on this area of theft law- appropriation

Answer 7

• Too wide J C Smith and Lord Hobhouse critique it for this reason it is now meaningless

+ Lord Browne Wilkinson and Lord Steyn agree with the nature of it being quite wide as this is the first step of the test

Question 8

2. Property (s4)

Answer 8

s4(1) property includes money and all other real or personal things, things in action and all other intangible items

very wide
R v Smith includes illegal items

Question 9

3. Belonging to another (s5)

Answer 9

s5(1) any person having possession or control of it

Turner- the owner themselves can commit an act of theft
Hibbert v Mckiernan- includes lost or abandoned property

Question 10

4. Dishonesty (s2)- MR

Answer 10

where it is not dishonest:
a. in law right to deprive
b. consent
c. owner cannot be found following reasonable steps

Past test for dishonesty- ghosh
Current- Ivey v Genting Casino (used in Barton)
asks
“was d dishonest by the standards of reasonable and honest people”- this is left to the jury

Critique- can result in inconsistent verdicts- different jurors may have different views/ interpret it differently

Question 11

5. Intention to permanently deprive

Answer 11

Velumyl- give the words their ordinary meaning in most cases