Property offences

• What is the definition of theft according to the Theft Act 1968?

  The dishonest appropriation of property belonging to another with intention to permanently deprive
• What are the key elements that constitute theft?

  • Appropriating property
  • Property must belong to another
  • Dishonesty
  • Intention to permanently deprive
• What does "appropriating" mean in the context of theft?

  Any assumption by a person of the rights of an owner
• In R v Morris, how many rights need to be assumed for appropriation to occur?

  Only one right needs to be assumed
• What was established in R v Hinks regarding gifts?

  Gifts obtained through deception also amount to theft
• What does Lawrence v MPC state about consent in theft?

  Consent is irrelevant if the defendant has been dishonest
• What types of property can be stolen according to the study material?

  Money and any other property real or personal, including things in action
• Can intangible property be stolen?

  Yes, intangible property can be stolen
• What does s4(3) state about land in relation to theft?

  Land cannot amount to theft
• What does s4(4) state about wild animals in relation to theft?

  Wild animals cannot amount to theft
• According to s5(1), who does property belong to?

  Property is regarded as belonging to anyone having possession or control of it, or proprietary right
• What does R v establish about abandoned property?

  If property is in possession by another, one can seize their own property
• What does R v Rosstron state about property given to charity?

  It belongs to the
• What is the test for dishonesty according to Barton v Booth?


  Would an ordinary and honest person in possession of the same facts consider the acts to be dishonest?
• Under what condition is a defendant not considered dishonest according to R v Holden?

  If the defendant believes he has a legal right
• What does s2(1)(b) state regarding belief in consent?

  Not dishonest if the defendant believed the owner would consent
• What does s2(1)(c) state regarding the belief of finding the owner?

  Not dishonest if the defendant believes they cannot find the owner with reasonable steps
• What does s2(2) state about willingness to pay for property?


  A willingness to pay for property is not a defense to dishonesty
• What does SS(4) state about property received by mistake?

  Property received by mistake must be taken back
• What does SS(3) state about unauthorized actions with property?

  If a defendant does anything unauthorized with property, it will belong to another
• What are the elements of property offences under P1?

  1. Appropriating
  2. Property
  3. Belonging to another
  4. Dishonestly
  5. Intention to permanently deprive
• What is the significance of s1 of the Theft Act 1968?

  It defines theft as the dishonest appropriation of property belonging to another with intention to permanently deprive
• What does s6 state about intention regarding property?


  If their intention is to treat the property as their own
• What does R v Warner state about long-term borrowing?

  Long-term and indefinite borrowing can amount to theft, not just borrowing
• What does R v Lloyd state about returning property?

  There is no intent if they return with value and goodness intact
• What does R v Velumyl establish about intent?

  Replacement of money equals intent
• What does R v Lavender state about treating property?

  Treats property as their own latent
• What does the Theft Act 1968 state about using force in order to steal?

  He steals and immediately before or at the time of doing so, uses force on any person or seeks to put him in fear of being subjected to force
• How is "force" defined in the context of theft according to Dawson v James?

  Force is understood in ordinary usage by juries
• What does DPP v P state about physical contact and force?

  No physical contact is required for force to be established
• What is the mens rea required for theft?

  Intention to use force or threat of force
• What does s8(2) state about the defendant's knowledge of force?


  If the defendant already knows force is likely to be used, it is relevant to mens rea
• What does R v Robinson establish about the occurrence of theft?

  All elements of theft must be satisfied for it to occur
• What does R v Zerei state about intention to permanently deprive?

  Had no intention to permanently deprive the victim
• What does Corcoran & Anderson state about temporary appropriation?

  A temporary appropriation of property is enough to permanently deprive
• What does sB(1) state about the timing of force in relation to theft?

  Force must be used immediately before theft
• What does R v Hale state about appropriation?

  Appropriation can be seen as a continuing act
• What does R v Lockley affirm about the use of force?

  Force must be used at the time of theft