Theft

• Which section defines theft?

  s1 of the Theft Act 1968
• define theft: A person will be guilty of theft is he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
• Which section defines appropriation?


  s 3
• s3 (1) states that appropriation means: any assumption of the rights of ownership.
• Which case covers appropriation, 2 cyclists?


  R V Vinall
• What does the Lawrence V Commissioner For Metropoliton Police case state?


  A taxi driver took more momey off an italian student, owner didnt consent to the appropriation.
• R V Gomez- any removal from a shelf of goods is considered as appropriation.
• Consent without deception- the problem with gifts

  R V Hinks

  even though there was a valid gift, there was an appropriation.
• When does appropriation take place- R V Atakpu and Abrahams

  appropriation occurs the first time a person assumes the rights of ownership.
• s3(1) states that there can be an appropriation where defendant acquires property without stealing it but then later decides to keep or deal with the property as the owner. Appropriation takes place at the point of 'keeping' or 'dealing'.
• Property- section 4

  Property includes money an all other property real or personal, including things in action and other intangible property. Lists 5 types of items included;

  • money- means coins and banknotes
  • real property
  • personal property- all moveable items
  • things in action
  • other intangible property
• R V Kelly and Lindsay- body parts can be personal property.
• Real property: land and buildings;

  • under s4(1)- land can be stolen
  • under s4(2)- can only be done in 3 circumstances such as digging up part of land from someone elses land.
• Things in action- property

  this is a right which can be enforced against another person by an action in law; an example is a bank account.
• Other intangible property- property

  Refers to other right which have no physical presence but can be stolen.

  • Oxford V Moss- confidential information.
• Things which cannot be stolen:

  set out in s4(3) and s4(4) which include plants but only those in the wild, however cultivated plants can be stolen.

  Cannot steal wild plants unless it was done for a commercial purpose.
• Belonging to another: section 5

  • R V Turner- guilty of stealing own car from garage
  • R V Woodman- doesn't know they are in control, scrap metal
  • R V Basildon- when goods are left for someone, remains in original owners control until new owner takes possession.
• Belonging to another- R V Webster

  Where D owns property they can still be guilty of if if another person has a proprietary interest in it.
• in certain situations D can be guilty of theft even though the property may not belong t another;

  • trust property; where a trustee can steal it
  • property received under an obligation- R V Hall
  • property received by another's mistake- AG reference no1
• Mens rea of theft;

  • dishonesty
  • intention to permanently deprive
• Dishonest: s2(1) gives 3 situations where defendant's behaviour is not considered dishonest.

  • s2(1)(a)- they believe they have a right to deprive the other of it in law
  • s2(1)(b)- they would have the others consent if the other knew
  • s2(1)(c)- the person who owns the property cannot be discovered by taking reasonable steps
• Ivey V Genting Casino case provides a test for dishonesty replacing the Gosh test: Confirmed in Barton Booth.

  • jury/judge decides whether D knew what they were doing and what the circumstances were
  • would the ordinary decent member of society regard the actions as dishonest
• s6 intention to permanently deprive- R V Velumyl
• s6(2)- intention to permanently deprive

  there is an intention to deprive if it is returned but has lost some value.

  • R V Lloyd- 'has lost all good or virtue'
• s6(1) intention to permanently deprive: treating the thing as his own to dispose of regardless of ownership.

  • R V Lavender
• maximum sentence is 7 years imprisonment
• Borrowing or lending; R V Lloyd

  • s6 states that borrowing is not theft unless it is for a period and in circumstances making it equivalent to an outright taking or disposal.
  • in R V Lloyd, it was held that this meant borrowing the property and keeping it until 'the goodness, the virtue, the practical value has gone out of the article'
• Conditional intent: Permanently deprive

  • R V Easom
  • where defendant examines property to see if there is anything worth stealing, not theft if they returned it after rummaging.