a person is guilty of theft if he dishonesty appropiates property belonging to another with the intention of permanently depriving the other of it"
what is the actus reus for theft?
appropiates of property belonging to another
what is the mens rea for theft?
dishonesty, intention of permanently depriving the other of it. (IPTD)
what is section 3 theft act 1968?
"any assumption by a person of the rights of an owner"
what does section 3 theft act 1968 include?
taking something and keeping it
selling it
destroying it
modigying it
lending it to someone else
what happened in pitman and hehl 1977?
D knew V was out of town, so invited another person to v's house and sold that person all of V's furniture. D was guilty of theft. it didnt matter that he hadnt removed any of the property
what happened in R v Morris 1984?
switching labels on products in supermarket to obtain lower prices. guilty appropiation was relevant
what happened in eddy v niman 1981?
D loaded a shopping trolley with items, intending to strak them. D lost his nerve and abandoned the trollet without taking the items out the shop. Not guilty of theft
how is property defined?
defined in section 4 theft act 1968
includes money and all other property, real or personal, including things in action and other intangible property"
what does section 4 theft act 1968 include?
money, personal property, real property, things in action, intangible property things that cant be seen but can class as property
what are things in action?
rights over property which can only be claimed by "action" and not by taking possession e.g. rights under contracts, insurance policies, debts. includes cheques and overdrafts
what happened in Darroux v X 2018?
D claimed for £50,000 of overtime which she did not actually work. this money was a " thing in action" as she claimed it by filling in overtime forms however she was not guilty as no appropiation
what is other intangible property?
includes things like patening an invention, or an export quaota
what are things not included in the definition in property?
corpse (R v Sharpe)
wild flowers (s.493)
confidential information (oxford V moss)
what happened in R v Kelly and Lindsay 1998?
D was a sculptor who stole body parts to use to make casrs for an art project- then burying them near his home. he was guilty
what happened in R v Welsh 1974?
however bodily fluids can be property. here a drink driver poured his urine sample down the sink when the police officer wasnt looking. classed as destruction of property. confirmed in yearworth v north bristol nhs trust 2009
what happened in oxford v moss 1979?
D stole an exam paper with the intention of returning it once he had used the information to cheat in the exam. the confidential information contained the paper did not amount to intangible property for the purposes of the theft act 1988
what does belonging to another mean?
defined in section 5 theft act 2968
property should be regarded as belonging to any persoson having posession or control over it, or having it in any propiertary right or interesy
what does section 5 theft act 2986 include?
another person owning something
another person having possession or control of soemthing
wide interpretation of beloinging to includes stealing your own property in some situations
what happened in R v turner (no2) 1971?
D took his car to a garage to be repairedd. when he returned to collect it, he drove away without paying. he was guilty
what happened in davidge v bunnet 1984?
D was given some money to pay the gas bill by her flat mates. she used it for xmas present. she was obliged to deal with the property in a particular way
what happened in R v Rostron 2003?
D's guilty of stealing golf balls even though they had been abandoned. still remained property of the golf club
what happened in R v Dyke and mUnro 2002?
D collected charity money and kept it for themselves. charged with stealing from the public.
what does s.5(2) state?
property is held in trust belongs to anyone who has the right to enforce the trust, and an intention to defeat the trust is an attempt to deprive the person of that property
what happened in R v Marshall 1998?
D resold partly used underground tickets. D was guilty of theft as London underground retained a propietary interest in the tickets
what happened in R v Webster 2006?
D was an army sergeant sent two medals by accident, so he sold one on eBay. he was guilty of theft against the ministry of defence, as they retained a proprietary interest in the other model
what test was used to decide if someone is dishonest?
Ghosh test was used (R v Ghosh 1984), however now the test is Ivey V genting casino 2017
what do the jury have to ask?
what was the state of D's knowledge or belief as to the facts?
were their actions dishonest by the standards of ordinary, decent people?
what does section. 2 state as what will not be classed as dishonest?
d has the right to deprive the owner of the property (R v Robinson 1977)
d would have consent of the owner in the circumstances (R v Holden 1991)
person who the property belongs to cant be discovered by taking reasonable steps (R v Small 1988)
what happened in R v Feely 1973?
D was a manager in a betting shop. took £30 from the till, saying he would pay it back. Judge told the jury to ignore the fact he was willing to repay when making their decision. Conviction was quashed on appeal
what is intention to permanently deprive?
D intends for the owner to never get the property back, either at all, or in its original form.
what does s.6 (1) theft act 1968 state?
includes treating the thing as his own to dispose of regardless of the others rights. also includes borrowing and returning it in a less valuable way
what happened in r V Lavender 1994?
D removed doors from a council property due to demolition and fitted them in his girlfriends flat. he was guilty. he treated the doors as his own