Law theft

• Whats the definition of theft?

  A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it: S.1 of the THEFT ACT 1968
• What are the next 5 sections of theft?

  S.2 dishonestly

  S.3 appropriates

  S.4 property

  S.5 belonging to another

  S.6 with the intention of permanently depriving the other of it
• How does the prosecution need to prove the ACTUS REUS of theft?

  They have to show that there was an appropriation by D
• What does Section 3 of the Theft Act define as appropriation?

  Assumption of the rights of an owner. This means that D only has to assume (take over) one of the owners rights.
• Whats the case of EASOM?

  • D picked up a handbag in a cinema

  • Rummaged through the contents

  • He replaced the handbag and didnt take anything

  • Court of Appeal quashed his conviction of theft

  •• Even thought he may have had a conditional intention to permanently deprive, this was not sufficient for the crime of theft
• What does S.2 (1)(a) state?

  D isnt dishonest if he believes that he has the right to deprive the other of it.

  •E.g D is owed money thats rightfully theirs
• What does S2 (1)(b) state?

  D isnt dishonest if he believes he would have the others consent

  • E.g taking your mums car to work because you believe she would agree to it
• What does S.2(1)(C) state?

  D isn't dishonest if he believes to whom the property belongs cannot be discovered by taking reasonable steps

  
  

  • E.g someone lost a £20 note
• Whats the IVEY test?

  bearing in mind what D knew or belived the facts to be, was D’s conduct dishonest by the standards of ordinary people decent people? D doesnt need to appreciate that what he has done is dishonest.