Theft idea plan

• D's name may be guilty of theft, this is a triable either way offence and carries maximum sentence of 7 years imprisonment.
• S1(1) Theft act 1968 - 'A person is guilty if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.'
• AO1 - s3(1) Theft act 1968 defines appropriation as 'any assumption by a person of the rights of an owner amounts to an appropriation'. This means that only one right needs to be assumed (R v Morris), for appropriation to occur. The appropriation will take place at the point D assumes the right of the owner dishonestly. Appropriation can take place even though the V consents (Lawrence v MPC) or acquires in the form of a gift (R v Hinks)
• Ao2 - Here, D appropriates (V's property)

  This is because they assume the right of (what right did they assume?, this takes place when..)
• Apply the issue of consent/gifts if relevant
• step 2: property - Ao1- S4(1) Theft act 1968 defines property as including 'money and all other property, real or personal, including things in action and other intangible property' but this does not include confidential information (oxford v Moss)
• Include only if relevant:

  S4(2) - A person cannot steal land or things forming part of the land and severed from it by him or by his directors except in the following cases:

  a ) When he is a trustee and in breach of confidence

  b ) when not in possession appropriating it by severing it or appropriating something previously severed

  c ) When in possession under tenancy appropriating the whole or part of any fixture led to be used with the land
• s4(3) provides the mushrooms and plants growing wild cannot be stolen, unless for 'reward or sale of other commercial purpose'
• s4(4) provides that wild creatures cannot be stolen unless they have been tamed or are kept in captivity.
• Ao2 - here, the property is a type of property included under the theft act. This is because the property appropriated is (state what type of property it is), this is tangible/intangible property.
• Belonging to another:
• If property has been received under an obligation to deal with it in a particular way but instead it is disposed of in a different way, the person disposing of it can be liable for theft.
• Ao1 - s5(1) provides that property shall be regarded as belonging to any person having possession or control of it, having in it any proprietary right or interest.
• Theft is defined as the dishonest appropriation of property by one person to the exclusion or deprivation of another.
• This includes the possibility of appropriated property that is your own (R v Turner).
• If the person fails to restore the property, they will be classed as intending to deprive the other of it.
• If property is obtained by mistake, the person is under an obligation to restore it to its rightful owner.
• Mistaken appropriation is not theft as the person did not intend to deprive the other of the property.
• Ao2 - Here, the property belongs to another (state who) This is because
• To conclude therefore (D) has the Ar of theft.
• Step 4: Dishonestly:

  Dishonestly is not defined in s2(1) TA 1968 but it provides three examples when a D will not be acting dishonestly. S2(1)(a) if the D has a belief that he has a right in law to deprive the owner of it. S2(1)(b) if the D takes property believing the owner would be consent to it if he knew (R v Holden). S2(1)(c) if the D appropriates property belonging to another believing that the person to whom it belongs cannot be discovered by taking reasonable steps (R v Small)
• If relevant - Under s2(2) even if the D is willing to pay or leaves money for the property it is still dishonest.
• If none of the above applies, the courts must apply the common law test from the case of R v Ghosh in R v Barton and Booth 2020, the COA confirmed the test for dishonesty is purely an objective one. Therefore, the current test is whether the D's actions were dishonest according to the ordinary standards of reasonable and honest people.
• Ao2 - Here, D may not have been dishonest. This is because (apply the exception). Here, this has/has not been proven.
• Ao2 - If none apply, apply the Ghost test updated in R v Barton and Booth.
• D's actions were dishonest according to the ordinary standard of reasonable and honest people (say why)
• Intention to permanetly Deprive:

  Ao1 - s6(1) TA 1968 provides that a d will have the intention to permanently deprive the other if 'his intention is to treat the thing as his own or to dispose of regardless of the other's rights' (R v Velumyl)
• Include only if relevant:

  Furthermore, if a d borrows property for a period of time which make it equivalent to an outright taking or disposal this will also be classed as an intention to permanently deprive the owner.
• If D borrows property but returns it with all its "goodness, virtue and practical value" however, this will not amount to the intention to permanently deprive the owner (R v Lloyd)
• ao2 - Here, the d has/ does not have the intention to permanently deprive (v's name) of (the property). This is because...
• To conclude therefore D has both the Ar and Mr of theft and may be guilty.