Theft

• a person is guilty of theft if he/she dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it

  s1(1) Theft
• Defines appropriation as 'any assumption by a person of the rights of an owner amounts to appropriation.'

  S3(1)
• defines property as 'including money or any other property real or personal, or including things in action and other intangible property.

  S4(1)
• A person can't steal land or anything forming part of a land and severed from it by him or his directors, except in the following circumstances: 1. When he is a trustee and in breach of confidence. 2. Appropriating property by severing it or appropriating something previously severed. 3. When in possession appropriating the whole/part of a fixture let to be used with the land.

  S4(2)
• Mushrooms and plants growing wild can't be stolen unless for 'reward or sale of a commercial purpose.'


  S4(3)
• wild creatures can't be stolen unless they are tamed or in captivity

  s4(4)
• property shall be regarded as belonging to another if they are 'in possession/control of it or have any proprietary rights/interests'

  s5(1)
• if property is received properly under an obligation to deal with it in a particular way, but instead uses it for his/her own purposes, he/she will be guilty of theft.

  s5(3)
• if property is obtained by mistake then the d has no obligation to return the property to its rightful owner, if he fails to do this he will be classed as intending to deprive the other of it.


  s5(4)
• D may be acting dishonestly if, d believes that he has the right in law to deprive the owner of it, d believes that the owner would consent to it if he knew, d believes that he took reasonable steps to restore the property to its rightful owner.

  S2(1)
• if the d is willing to pay or leave money for the property he would be classed as acting dishonestly

  s2(2)
• d will have intention to permanently deprive the owner of it if he intends to treat the property as his own to dispose of regardless of the owners rights.

  s6(1)
• if d borrows property for a time period, it would be an outright taking/disposal of and be classes as intending to deprive the other of it.

  s6(1)
• if d borrows property but returns it with its 'goodness, virtue and practical value', this will not be classed as permanently depriving the other of it.

  s6(1)
• R v Morris - switched labels, put lower priced item in item didn't go through checkout.

  S3
• Lawrence v MPC - took money out of a mans wallet and claimed that he consented but was still convicted.

  S3
• R v Hinks - carer persuaded d to make serious payments to him as gifts


  s3
• land cant be stolen, things attached can be severed and stolen if used for commercial use.

  s4
• oxford v moss - took pictures of exam paper he was about to sit. didnt have intention to permanently deprive but did steal confidential info. (intangible\ property)


  s4
• r v turner - d took car for repairs, car was left on the pavement outside of garage. took car without paying. garage was in possession.

  s5
• r v woodman - sold scrap metal. left some that was unaccessible and d took it.


  s5
• ricketts v basildon m courts - leaving goods for collection = remaining in possession 


  S5
• r v webster - got sent two medals and sold one. had interest.

  s5 - propriety interest guilty
• r v small - took car believing it to be abandoned, left in same place with keys in ignition. no theft, owner couldn't be found.

  s2
• barton booth test - dishonesty objective.

  s2
• r v lavender - removed doors from one council property and put them on another council property. treated as his own. d had the intention to treat things as his own and dispose of it regardless of others right.

  s6
• r v lloyd - given a film to make a copy and returned it before next movie screening in cinema. borrowing isnt equal to theft


  s6
• r v easom - rummaged through womans bag to see if anything was of value but stole nothing. intent to permanently deprive when something is taken

  s6 - conditional intent
• if d borrows property but returns it with its goodness, virtue and practical value it wont be classed as permanently depriving the other of it.

  s6
• What is the definition of theft according to the Theft Act 1968?


  A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
• What are the five key elements that must be proven for theft to occur?

  1. Appropriation
  2. Property
  3. Belonging to another
  4. Dishonesty
  5. Intention to permanently deprive
• What does "appropriation" refer to in the context of theft?


  Appropriation refers to the act of taking or assuming rights of an owner.
• Can appropriation occur without physically taking something?


  Yes, appropriation can occur even if the item is not physically taken.
• If someone finds a credit card and uses it to make purchases, what element of theft does this represent?


  This represents appropriation, as they are assuming the rights of the owner.
• What types of items are included in the definition of "property" under the Theft Act 1968?


  Property includes tangible items, intangible items, real property, and personal property.
• What are examples of tangible and intangible property?


  Tangible property includes cars and money; intangible property includes electricity and information.
• What does the Theft Act 1968 exclude from the definition of property?


  The Theft Act 1968 excludes wild animals and mushrooms growing wild.
• Why is a confidential business plan considered property under the Theft Act 1968?


  Because it is an intangible item that has value and can be owned.
• Is water from a public tap considered property under the Theft Act 1968?


  Yes, water from a public tap is considered property as it has value.
• What is an example of property that is not considered theft under the Theft Act 1968?


  A wild rabbit in a forest is not considered property under the Theft Act 1968.