Theft

• theft


  dishonest appropriation of property belonging to another with intent to permanently deprive
• actus reus of theft

  appropriation - s.3 of TA

  property - s.4 of TA

  belonging to another - s.5 of TA
• act that defines theft

  Theft Act 1978
• mens rea of theft

  dishonesty - s.2 of TA

  intention to permanently deprive - s.6 of TA
• definition of appropriation


  assumption of the rights of the owner, can be done innocently or without stealing, later assumption of rights included
• key cases for appropriation (s.3 of TA)

  lawrence

  pitham and hehi

  morris

  hinks
• lawrence (held)


  consent still equates to appropriation - man gave wallet to taxi driver who took more than he should
• pitham and hehi (held)


  selling items (even if not actively taking the item) can amount to appropriation - d sold furniture belonging to another person, did not come to actual possession
• hinks (held)


  a gift can be appropriated - d pretended to be v's carer, stole £60,000, claimed it was gift
• definition of property (s.4 of TA)

  money and all other property real or personal, things in action, tangible
• real property


  land or anything else
• tangible


  you can touch it
• intangible (things in action)

  not able to be touched, examples; copyright on a song, bank balance
• cannot be stolen


  land, mushrooms, flowers
• exception to what cannot be stolen


  items that are picked for financial gain, wild creatures tamed in captivity or in possession of another
• key cases for property

  oxford v moss - confidential info not appropriated, not liable

  kelly and lindsay - body parts appropriated, liable

  akbar - test paper used, property, liable
• definition of belonging to another (s.5 of TA)

  belonging to any person having possession or control of it, having in it any proprietary right or interest (can be from third party)
• exception to belonging to another

  items that have been abandoned
• under section 5 (3) of belonging to another


  property remains belonging to another if obligation to deal with property in a particular way
• under section 5 (4) of belonging to another


  property received by mistake, legal obligation to return property
• key cases for belonging to another

  woodman - person in control of item, even if they do not own it

  rickets - removing goods from shop door = theft

  davidge - pay bills, deal with money, theft
• dishonesty (s.2 of TA)

  no direct definition, 3 situations where d would not be liable for dishonesty
• 3 situations (dishonesty)


  (a) right in law

  (b) consent

  (c) v would not be found under methods
• key cases for dishonesty

  gomez - person who takes good off shelf and puts in basket appropriates property, paying for goods gets rid of theft

  small - honest belief of d rather than what is considered reasonable

  ghosh - lord lane, two stage test for dishonesty

  ivy v casino - changes to ghosh test, jury decides guilt
• two stage test for dishonesty (ghosh)

  1. was d dishonest compared to standards of a reasonable and honest person

  2. did d realise it?
• definition of intention to permanently deprive (s.6 of TA)

  defendant's intention is to treat the property as if their own
• key cases for intention to permanently deprive

  raphael - treated property as if own when demanded money for car

  lloyd - no liability, all goodness and virtue not gone

  velumyl - can't return stolen money, had intention to permanently deprive

  lavander - treated doors as if own, intention to permanently deprive