Theft

Question 1

Define Theft

Answer 1

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

Question 2

What Section is Theft defined under

Answer 2

s1 Theft Act 1968

Question 3

What are the 3 elements for the AR of Theft

Answer 3

• Appropriation
• Property
• Belonging to another

Question 4

Explain Appropriation (s3) and give two cases

Answer 4

• Any assumption of the rights of the owner
  R v Morris: Switching price labels = assuming owner’s rights
  R v Lawrence: Consent can still be appropriation if obtained by deception

Question 5

Explain Property (s4) and give a case

Answer 5

• Includes Money and all Property
• Also includes intangible property (Bank accounts, copyrights)
  R v Kelly - Body parts can be property if they have value/skill applied

Question 6

Explain Belonging to Another (s5) and give a case

Answer 6

Property belongs to anyone with: Ownership, Possession, Control
R v Turner: Can still steal your property if someone else has possession. Garage for repairs and tried to take his own car.

Question 7

What are the 2 elements for the MR Theft

Answer 7

• Dishonesty
• Intention to Permanently Deprive

Question 8

Explain Dishonesty (s2)

Answer 8

Ivey v Genting Casinos sets out the modern test - what was the D’s actual knowledge or belief as to the facts? Was the Conduct dishonest by the standards of ordinary decent members of society?

Question 9

What are some Expectations for Dishonesty (s2)

Answer 9

Not Dishonest if D genuinely believes:
- They have a legal right
- Owner would consent
- Owner cannot be found

Question 10

Explain Intention to Permanently Deprive (s6) and give two cases

Answer 10

• D must intend to treat the property as their own
  R v Velumyl - Returning different money still = IPD
  R v Lloyd - Borrowing is only theft if item loses its practical value