Theft

• • S2 dishonesty
  • s3 appropriation
  • s4 property
  • s5 belonging to another
  • s6 intention to permanently deprive
• Lawrence v Mpc 1972 - highlights that all elements of theft must be present to be guilty
• What is the definition of theft?

  dishonestly appropriating property belonging to another with the intention to permanently deprive
• Where is the definition of theft contained?

  s1(1) theft act 1968
• What is the definition of appropriation?

  Any assumption of rights of the owner, and this includes where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping it or dealing with it as the owner
• Where is the definition of appropriation contained?

  s3(1) theft act 1968
• Morris 1984 - no need to assume all the rights of the owner, any single right would do
• Taking something with consent of the owner can still amount to appropriation- Lawrence v Mpc 1972
• Morris 1984 (bad law) - appropriation requires an unauthorised act taking something with the owners consent is Not appropriation
• DPP v Gomez - follows the decision of Lawrence rendering morris as bad law
• Old law - mazo 1997 - someone in receipt of a valid gift cannot be guilty of theft
• R v hinks - someone in receipt of a valid gift can be guilty of theft
• R v hinks 2000 - befriended a mentally vunerable individual and convinced them to gift themselves a large quantity of money
• is the definition of property a complete definition?

  • no
  • its a partial definition
• What is the definition of property?

  includes money and all other property, real or personal. Including things in action and other intangible property
• Where is the definition of property contained?

  s4(1) theft act 1968
• Knowledge is not property - Oxford v Moss
• Oxford v Moss 1979 - stole test paper before an official test, and returned it after reading it
• Sharpe 1857 - corpse and body parts are not Property
• definition of belonging to another?

  property shall be regarded as belonging to any person having possession or control of it or having it in any proprietary right or intrest
• R v turner 1971 - charged for stealing his own car