Theft

• Kleinberg and Marsden 1999


  2 defendants sold time-share apartments in spain. collected over £50,000 but only deposited £233 into company account. They were under obligation to retain the money for a particular reason.
• Wain 1995


  The defendant collected money for a charity but deposited money into his bank account. Convicted of theft. He did not have to hand over the exact £ and pence he just has to pay the same amount
• Davidge V Bunnett 1984


  The defendant was given money from his flatmates to pay the gas bill but bought Christmas presents instead. Guilty of theft as legal obligation to deal with the money in a particular way.
• According to section 5(4) if someone were to receive property by another's mistake what should they try to do about it?

  Under obligation to make restoration
• Dishonesty is the first point which needs to be proved for the mens rea of theft
• What does section one of the Theft Act 1968 state about dishonesty?


  It's immaterial if the appropriation is made with a view to gain.
• Motive is irrelevant for theft
• Destroying property belonging to another can also be theft
• What are the three situations where the defendant's behaviour is not considered dishonest?


  1. If you believed you had the right to take it.
  2. If you believe you have consent to take it
  3. If the owner of the property cannot be discovered
• The defendant must believe all three things
• It does not matter if it is the correct belief
• Robinson 1977


  The defendant was owed £7 by the victim's wife. He had a fight with the victim, during which a £5 note fell out of his pocket. The defendant kept the £5. The conviction was quashed as the jury was not directed to take into account that the defendants belief that he was entitled to the £5
• It is still theft even if they offer to pay
• Feely 1973


  The manager of a betting shop borrowed £30 from the till intending to replace it in a few days. He was also owed this amount from the company. It was left to the jury to decide the issue of dishonesty. The standard of an ordinary decent person.
• What was the problem with the Ghosh test?


  It was subjective
• Ghosh 1982


  The defendant was a doctor who claimed fees for an operation he did not do. Said he was not dishonest as he was owed money for some consultations.
• What is the objective test for dishonesty? 


  Was the action dishonest by the standard of reasonable honest people?
• What is the subjective test for dishonesty? 


  Did the defendant realise what he was doing was dishonest
• The civil test for dishonesty is now applied to the criminal law
• Velumyl 1989


  The company manager took over £1K from the safe but said he was going to replace it. The court of appeal upheld to conviction as he had the intention to permanently deprive the case. Later replacement of it was not good enough.
• DPP V Lavender 1994


  Took doors from a council property and put them into another council property. Intended to treat to doors as his own
• What does section 6 of the Theft Act 1968 state about borrowing items?


  Borrowing is not theft unless it is for a period which renders it worthless
• What was stated in the case of Lloyd 1995?

  Borrowing the property and keeping it until it is worthless is the only situations when borrowing is theft
• Easom 1971


  A handbag was rummaged through in the cinema but everything was put back. The conviction was quashed as the intention to permanently deprive was not present
• If the defendant treats the thing as his own to dispose of, does he have the intention to permanently deprive?

  Yes
• Raphael 2008


  He and another man took a car and then determined £500 for its return. Intended to permanently deprive and took it with force