Theft

    Cards (19)

    • Definition for Theft
      Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it (Section 1 Theft Act 1968)
    • s3 Theft Act 

      Appropriation - Assume any rights of ownership over property e.g. selling, using, destroying (R v Vinall)
    • R v Morris
      All rights do not have to be assumed, switching price labels can be appropriation
    • R v Atakpu and Abrahams
      Appropriation takes places at the first moment the defendant assumes the rights, this assumption can be delayed where borrowing agreements change
    • Lawrence v MPC
      Appropriation is not effected by consent
    • s4 Theft Act 

      Categories of Property
      Money - coins, banknotes
      Personal Property - moveable items
      Real Property - land, buildings
      Things in Action - bank accounts, credit cards
      Other Intangible Property - patents, export quotas - Oxford v Moss (confidential information is not property)
    • s4(2) Theft Act 

      Real property can be stolen when
      1. A person entrusted with the land appropriates
      2. A person severs something which was part of it
      3. A tenant appropriates fixtures which were just for let
    • What things are excluded as property?
      Plants or Animals found in the wild which have not been cultivated
    • s5 Theft Act
      4 circumstances where property belongs to another
      1. Someone was in possession or control (R v Turner)
      2. Someone had proprietary interest (R v Webster)
      3. Property was received under an obligation (R v Klineberg and Marsden)
      4. Property was received by mistake (R v Gilks)
    • R v Turner
      Control can be temporary, you can steal your own belongings
    • R v Woodman
      Even if the person in control did not realise they had control, it still belongs to them
    • R v Basildon Magistrates Court
      Items left unattended still belong to their owner
    • A-G ref 1 of 1983, R v Gilks
      Received by mistake
      Once the defendant realises it is a mistake, they must return it if there is a legal obligation to do so
    • s2 Theft Act 

      Dishonestly - 3 exceptions, then the test for dishonesty
      1. Theft is done in the belief that he has the right in law to deprive the other of property (R v Robinson)
      2. Done in the belief that he would have the other's consent if they had known about the appropriation (R v Holden)
      3. Done in the belief that the person to whom the property belongs cannot be reasonably found (R v Small)
    • Test for Dishonesty
      R v Barton and Booth - changed the law from the Ghosh tests
      Ivey v Genting Casinos
      1. What was the defendants actual state of knowledge or belief as to the facts
      2. Was the conduct dishonest by the standards of ordinary decent people?
    • s6 Theft Act
      Intention to Permanently Deprive - showing intention of treating property as ones own e.g. taking it, selling it, dealing it from a state of mind perspective (DPP v Lavender)
    • R v Velumyl
      Even if the item is replaced with a replica, it is still theft as the exact item has been taken
    • R v Lloyd
      If circumstances around borrowing change mens rea is satisfied
    • What is the maximum sentence for Theft?
      s7 Theft Act, maximum 7 years imprisonment
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