Theft Knowledge Summary

• Definition:

  Under s.1 of 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.
• Actus Reus - appropriation, property, belonging to another

  1. Appropriation - s.3(1) 'any assumption of the rights of an owner.' For an appropriation to take place, there is no requirement that all the rights of an owner are assumed, one right is enough (Morris). An appropriation can still take place even if the owner of the property consents but there is deception (Lawrence/Gomez). If there is consent without deception it can amount to appropriation (Hinks).
• 2. Property - s.4, property includes money and all other property, real or personal, including things in action and other tangible property.'

  • Money includes coins and notes of any currency (Velumyl)
  • Real property, s.4(2) a person cannot steal land unless (a) a trustee who takes land in a breach of duty to look after it for someone else, (b) someone digs up or removes a piece of land, (c) if a tenant takes a fixture from the place they are renting.
• • Personal - wide definition, can be touched, easy to move, can include dead body parts (Kelly & Lindsay)
  • Things in Action - no physical value but gives the owner legal rights e.g. cheque (Preddy)
  • Intangible - cannot be touched, Oxford v Moss - confidential information/knowledge is not property
• Under s.4(3) - a person who picks flowers growing wild on ant land will not be liable for theft unless it is for sale or reward.

  Under s.4(4) - wild creatures cannot be stolen unless they have been tamed.
• 3. Belonging to Another - s.5(1) property shall be regarded as belonging to any person having possession or control of it (Turner), or any proprietary right of interest (Marshall)

  Abandoned: a transfer of ownership (Rostron)

  Obligation: deal with property in a particular way (Davidge v Burnett)

  Mistake: if received by mistake, when D realises this they should make legal restoration (Att-Gen Ref no 1 of 1983)
• Mens Rea - Dishonesty, Intention to Permanently Deprive

  1. Dishonesty - s.2 = honest exception

  • s.2(1)(a) - not dishonest if they have a honest belief they have right in law (Robinson)
  • s.2(1)(b) - not dishonest if they have an honest belief in other's consent if they knew (Flynn)
  • s.2(1)(c) - honest belief that the owner cannot be discovered by taking reasonable steps (Small)
• • If honest behaviour exceptions cannot be established, the common law test is applied. Ivey test is used as confirmed in R v Barton and Booth.

  1. What was the defendant's actual state of knowledge or belief as to the facts?
  2. Was the defendant's conduct dishonest according to the standards of ordinary decent people?
• 2. Intention to Permanently Deprive - s.6 - to treat the thing as their own to dispose of (DPP v Lavender)

  • Borrowing - goodness, value and virtue is gone (Lloyd)
  • Must be replace with the same thing (Velumyl)
  • Conditional intent (Easom) - not sufficient for ITPD
  • Can't ask for payment for property (Raphael)
  • If dispose of but don't return it (Vinall)
• Sentence:

  s.7 - if the offence is established, D is convicted of theft which is a triable-either-way offence and carries a maximum sentence of up to 7 years imprisonment.