Theft

• What is the actus reus for theft?

  • Appropriation 
  • Property
  • Belonging to another
• What is appropriation for theft?

  The act of taking. It can involve physical taking, selling property, destroying it or taking goods from the supermarket.

  It is the assumption of the rights of the owner and this can include the right to sell property. 
• What 2 cases can be used for appropriation of theft?

  R v Pitham and Hehl: The D sold furniture belonging to another person, it didn’t matter the furniture was never removed from the house

  R v Morris: He swapped the price tags of 2 items of clothing to pay less for the item, D was caught before the item cause be paid form Therefore, swapping labels can amount to appropriation.
• What is property in relation to theft?

  Property includes money and all other property, real or personal, including things in action and any other intangible property
• What is personal property?

   Covers all moveable items as well as trivial items like a sheet of paper.
• What is a case that can be used for personal property?

  R v Kelly and Lindsay: Dead bodies and body part can be personal property
• What is thing's in action property?

   A right that can be enforced against another person by law - the right to property, such as receiving damages for a breach of contract
• What is other intangible property, including a case?

  Patents and Copyrights but confidential info cannot be stolen

  Oxford v Moss: D was a student who obtained a copy of his next exam, he read it and returned it. He was charged with theft of confidential info but was found not guilty as the knowledge didn’t amount to intangible property
• What cases can be used for consenting to appropriation?

  Lawrence v Commissioner for Metropolitan Police: The V spoke little English and gave the D who was a taxi driver too much money for the taxi drive. The D put forward he hadn’t appropriated the money as the student consented to him taking it. The court said there was appropriation

  R v Gomez: Any removal of goods from a shelf in the shop is appropriation and it is irrelevant if the owner consented.
• What is R v Hinks?

  The D was of limited intelligence and he withdraw and gave a lot of money to his carer, he lost most of his savings. The House of Lords said gifts can amount to appropriation but it will be for the jury to decide if the D was dishonest or not.
• What does it mean when property 'belongs to another' for theft?

  Possession or control of the property or any proprietary interest. The possession of an item doesn’t have to be lawful. It is possible for someone to be in possession of property even if they don’t know its there. When the good are left for someone, they belong to the original owner till the new owner picks them up.
• What cases can be used for when property 'belong's to another' for theft?

  R v Turner (No.2): The D left cars at a garage for repairs but as the repairs were nearly done, he took the car back with a spare key so he didn’t pay. The garage was in control of the car so D was convicted

  R v Woodman: A company thought they’d took everything from there property but didn’t know they left some scrap metal which was stolen by the D.
• What is proprietary interest?

  Where the D owns and controls the property but they can steal it if another person had proprietary interest in it. 
• What case can be used for proprietary interest?

  R v Webster: The D was an army sergeant who won a medal but was sent a second one which he sold. He was found guilty and it was held the Ministry of Defence still had proprietary interest in it.
• What is the mens rea for theft?

  • Dishonesty 
  • Intention to permanently deprive the other of it
• What is the S.2(1)(a) definition of honest behaviour? (including a case)

  S.2(1)(a): If a D believed they had the right to deprive the other of it on behalf of them or a third party

  R v Robinson: The D was owed money by the V’s wife so when he went over to collect it he saw money fall from the V’s pocket, he took it and there was no theft as he had an honest belief he was entitled to it.
• What is the S.2(1)(b) definition for honest behaviour?

   D had the V’s consent of the V if the other knew of the appropriation  and the circumstances
• What is the S.2(1)(c) definition for honest behaviour? (includes a case)

  S.2(1)(c): The person who the property belongs to cannot be discovered by taking the reasonable steps.

  R v Small: The D took a car he thought was abandoned and fixed it up. He honestly believed he was entitled to it, it didn’t matter if he didn’t take the reasonable steps to find the owner
• What is the test for dishonesty?

  Barton v Booth: The Court of Appeal confirmed that the test for dishonesty in criminal cases was set out in Ivey v Genting.

  1. What was the defendant’s actual state of knowledge or belief as to the facts?
  2. Was his conduct dishonest by the standards of ordinary people 
• What is the intention to permanently deprive for theft?

  To treat the thing as his own to dispose of regardless of the other’s rights and a borrowing or lending may amount to intention to permanently deprive only if it is equivalent to an outright taking or disposal.
• What 3 cases for the intent to permanently deprive for theft?

  R v Velumyl: D spends cash taken but intend to replace it later on. The spending of it amounts to intent.

  DPP v Lavender: D transferred doors from one house to his GF’s apartment without permission. The handling of the doors as if it was his property amount to intention

  R v Lloyd: Projectionist at cinema gave D a copy of a film to make illegally. He returned it in its original state. There was no intent as the ‘goodness, the virtue, and practical value’ remained the same