Theft

• Theft - Definition


  AR - there is an appropriation of property belonging to another (s.1 TA 1968)

  MR - dishonest intention to permanently deprive the other of it
• Theft - Appropriation


  S.3(1) TA 1968 - any assumption of the rights of the owner.

  Pitham and Hehl

  Morris

  Lawrence
• Theft - Appropriation - Pitham and Hehl


  Selling items
• Theft - Appropriation - Morris

  switching labels
• Theft - Appropriation - Lawrence


  can happen with consent
• Theft - Property


  S.4 TA1968 - includes, money, personal property (Kelly and Lindsay), intangible propert (Oxford v Moss) and land
• Theft - Belonging to another

  Wide definition by s.5 TA1968 - includes possession or controls as well as proprietary right.

  Turner

  ->D can steal their own property

  Woodman

  ->Doesn’t need to know it is in their possession

  Davidge v Burnett; Hall; Klineberg

  ->can include property received under an obligation

  AGs Ref

  -> or by mistake
• Theft - MR - Dishonesty

  TA1968 doesn’t‘T define dishonesty, instead gives 3 situations which a D’s behaviour isn’t considered dishonest (s.2(1)):

  1. if the D believes they have a legal right to the property
  2. believes they have the other‘s consent
  3. believes they cannot find the owner using reasonable terms
• Theft - MR - Dishonesty


  Ivey v Genting Casinos

  -> SC confirmed the test for dishonesty is now “whether D’s conduct is dishonest by the standards of ordinary decent people”.
• Theft - MR - Dishonesty

  Velumyl

  ->D must also have the intention to permanently deprive
• Theft - MR - Dishonesty

  Lloyd

  -> borrowing property could be theft if the property was borrowed “until the goodness, the virtue, the practical value… has gone out of the article”