law - theft

• theft s1(1) = a person is guilty of theft if they dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
• appropriation s3(1) = any presumption by a person of the rights of an owner amounts to an appropriation means only one right needs to be assumed for appropriation to occur - R v Morris

  it takes place at the point when D assumes the right of the owner dishonestly even if the V consents - Lawrence v MPC
• property s4(1) = include money and all other types of property, real or personal including things in action and other intangible property but this does not include confidential information - Oxford v Moss

  s4(2) = a person cannot steal land or things forming part of land 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 let to be used with the land
• s4(3) = mushrooms and plants growing wild cannot be stolen unless for reward or sale of other commercial purpose

  s4(4) = wild creatures cannot be stolen unless they have been tamed or are kept in captivity
• belonging to another s5(1) = property shall be regarded as belonging to another person having possession or control of it or having in it any proprietary right or interest -> includes the possibility of appropriated property that is your own - R v Turner

  s5(3) = if the property has been received under an obligation to deal with it in a particular way but instead uses it for his own purposes - R v Hall

  s5(4) = he is under an obligation to restore the property to its rightful owner, if he fails to do this, he will be classed as intending to deprive the other of it - A-G Ref No.1 of 1983
• dishonesty s2(1) = provides three examples when D will 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 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
• s2(2) = even if the D is willing to pay or leaves money for the property is still dishonest

  if none of those apply, the court applies the common law test from the case of R v Ghosh

  R v Barton & Booth - CoA confirmed the test for dishonesty is purely an objective one

  current test = whether the D's actions were dishonest according to the ordinary standards of reasonable and honest people
• intention to permanently deprive s6(1) = D will have an intention to permanently deprive the other of it 'his intention to treat the thing as his own or to dispose of regardless of the other's rights' - R v Velumyl

  -if 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 it 'goodness, virtue, and practical value 'however, this will not amount to the intention to permanently deprive the owner - R v Lloyd