Theft

• Theft Act 1968

  • Covers theft, robbery and burglary.
  • Robbery + burglary = types of theft
  • Robbery = theft + force
  • Burglary = theft + in a building
• Define theft:

  s1 of the Theft Act 1968: "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it."
• AR + MR of Theft:

  AR = s3 Appropriation, s4 Property, s5 Belonging to another.

  MR = s2 Dishonest, s6 Intention to permanently deprive.
• Appropriation - s3 (AR)

  Essentially means taking something.

  Defined in Theft Act as "any assumption by a person of the rights of an owner".

  Appropriation usually viewed as having occurred at one moment in time.

  • the rights of the owner include taking/abandoning (Vinall)
  • the right to sell is a right of the owner (Pitham and Hehl)
  • not all the rights of an owner need to be assumed - only one needed (Morris - price tag swap - arrested BEFORE checkout).
  • Appropriation can occur when property is given as voluntary gift (Hinks)
• Property - s4 (AR)

  • s4(1) - property includes money and all other property, real or personal, including things in action and other intangible property".

  1. Money
  2. Real property (land and buildings)
  3. Personal property (all moveable items)
  4. Intangible property (things you can't touch)
  5. Things in action (Often a service/provision)

  • s4(3) - wild plants cannot be stolen unless done for sale, reward or commercial purpose
  • s4(4) - wild animals = property
  • Personal property e.g. Bodies/parts (Kelly and Lindsay), Hair (Herbert), Blood (Rothery), Urine (Welsh)
  • Confidential info = not property (Oxford)
• Belonging to another - s5 (AR) 1/3

  Very wide definition

  • s5(1) - "property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest".
  • This mean that at the time the property is appropriated it must belong to another.

  Possession/control does not have to be lawful and may not be the owner e.g. car hire.

  (Turner) - D drove his car away from garage without paying for repairs - found guilty for theft.

  (Woodman) - Can be in control of property even thought you do not know you possess it.

  (Ricketts) - Charity shop case.
• Belonging to another - s5 (AR) 2/3

  Proprietary right or interest draws the definition even wider to anyone with some form of rights over the thing.

  (R v Webster) - D sold his accidental 2nd medal from MoD on eBay - held that MoD still retained interest in the medal.

  • s5(3) - "where a person receives property from another and is UNDER OBLIGATION to the other to retain and deal with that property or other proceeds shall be regarded as belonging to another."

  (Klineberg & Marsden) - D too £500k for a time share one it was built - only invested £233.

  (Davidge) -Cheques given for certain purpose
• Belonging to another - s5 (AR) 3/3

  s5(4) - "where you are given something by mistake and have a legal obligation to give it back, keeping it may be theft."

  (R v Gilks) - must be a legal obligation to give it back - no general obligation to restore money e.g. in a betting situation.
• Dishonesty - s2 (MR) 1/2

  The word was found to have no legal meaning other than its natural meaning - not defined in T.A.

  s2(1) gives 3 specific situations where a person would be deemed NOT dishonest - subjective test of D's belief:

  • Appropriation in belief you have the right to deprive the other of it.
  • Appropriation in the belief that they would have the other's consent.
  • Appropriation cannot be discovered by taking reasonable steps.

  (Small) - if you genuinely believe the car had been abandoned - not guilty of theft.

  (Holden) - taking tyres - other's had done it w/ supervisor permission
• Dishonesty - s2 (MR) 2/2

  The Ghosh Test which was the definitive test used for dishonesty, was amended by Ivey v Genting Casinos - new test:

  1. What was the defendant's actual state of knowledge or belief as to the facts; and
  2. Was his conduct dishonest by the standards of ordinary decent people.
• Intention to permanently deprive - s6 (MR)

  Borrowing something does not form an intention to perm. deprive.

  Evidence is needed to prove s6.

  s6(1) states two aspects:

  • Disposing of the property regardless of others rights.
  • A borrowing or lending making it equivalent to outright taking or disposal.

  (DPP v Jones) - taking + destroying property can amount to an I.P.D.