Theft
- Created by: natalie..law
- Created on: 14-04-16 14:12
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- Theft
- dishonestly appropriates property belonging to another with intention to permanently deprive the other of it (S.1 Theft Act 1968)
- Actus reus: (1) appropriation (s.3) (2) property (s.4) (3) belonging to another at the time of appropriating (s.5)
- Does not matter if authorised/consented to
- Does not have to be an outright taking
- An appropriation requires an action by D, a deception causing V to transfer money will not amount to an appropriation (R v Briggs)
- Lawrence v MPC; DPP v Gomez
- Does not have to be an outright taking
- s 3(1) A**umption of any rights of owner (right to po**e**, use, modify, destroy) suffices for appropriation
- one right is sufficient to prosecute (R v Morris 1983)
- Pitham and Hehl (1976) - offeror in po**e**ion/control of property offering to sell it = appropriation
- even where offeror is not in po**e**ion at the time but offers to sell goods not his = appropriation
- still need this act to coincide with mens rea
- even where offeror is not in po**e**ion at the time but offers to sell goods not his = appropriation
- Does not matter if authorised/consented to
- Mens rea - intended at the moment of appropriation to (1) deprive permanently (s.6) (2) dishonestly (s.2)
- dishonestly borrowing is not theft
- s.5(1) - theft where property is in po**e**ion or control of another - so D can be liable for stealing his own property (R v Turner (No 2) 1971)
- S. 5 (3) where property is given to A with instructions to deal with it in a certain way, ownership remains with giver. So, if a person receiving property deals with it in a way inconsistent with instructions can be theft. Q: was there a clear obligation to deal with the property in a particular manner: Davidge v Bennett (1984)
- R v Hall 1973
- does not need to be a permanent deprivation, only intention to deprive permanently
- s 3(1) later a**umption of rights when property initially taken innocently (Broome v Crowther (1984))
- making off without payment s.3(1) - for goods or services supplied + knows has to pay, makes off without payment with intent to avoid payment
- not theft if property is abandoned; Ricketts v Basildon Magistrates [2010]
- lost property is still regarded as having an owner
- where owner can not be found by reasonable steps, finder has better title than owner of land on which found (Bridges v Hawkesworth (!851); Hannah v Peel) unle** trespa**er (Hibbert v McKiernan)
- lost property is still regarded as having an owner
- not theft if property is abandoned; Ricketts v Basildon Magistrates [2010]
- S. 5(4) where property received by mistake and A does not return = theft (AG's Ref (No 1 of 1983) [1985]; R v Shadrokh-Cigari [1988])
- but if D is unaware of underpayment then no theft Moynes v Cooper [1956]
- must be legal not moral obligation to return R v Gilks [1972]
- making off without payment s.3(1) - for goods or services supplied + knows has to pay, makes off without payment with intent to avoid payment
- s 3(1) later a**umption of rights when property initially taken innocently (Broome v Crowther (1984))
- s.2 dishonest - by standards of normal person
- left to the jury (R v Feely), 3 instances of mind which are not dishonest given
- dishonestly borrowing is not theft
- Actus reus: (1) appropriation (s.3) (2) property (s.4) (3) belonging to another at the time of appropriating (s.5)
- Prosecution must prove every part
- max penalty - 7 years (s7)
- elements in **. 1 - 6.
- dishonestly appropriates property belonging to another with intention to permanently deprive the other of it (S.1 Theft Act 1968)
- Property s.4(1)
- money and all other property, real or personal, including things in action and other intangible property
- R v Velumyl 1989 - Money includes notes and coins - unle** a person intends to give back the exact same notes and coins they have the intention to permanently deprive a person of those particular notes and coins.
- Things in action refers to a personal property right which can be legally enforced eg a patent right, a debt, a right arising under a trust, a right to overdraw an account, a cheque etc.
- Intangible property is property which has no physical existence. However, it has been held that confidential information does not constitute property for the purposes of the Theft Act: Oxford v Mo** 1979
- Things in action refers to a personal property right which can be legally enforced eg a patent right, a debt, a right arising under a trust, a right to overdraw an account, a cheque etc.
- real property = land + any fixtures s.4(2)
- incl. prohibited drugs (Smith [2011])
- does not include corpses - R v Sharp 1857
- body parts may = property (R v Kelly 1999)
- does not include corpses - R v Sharp 1857
- S.4(3) person who picks wild mushrooms, flowers/ wild foliage on any land not liable for theft unle** they want it for sale or reward.
- S.4(4) wild creatures cannot be stolen unle** been reduced into po**e**ion by/on behalf of another/in proce** of being reduced into po**e**ion
- R v Velumyl 1989 - Money includes notes and coins - unle** a person intends to give back the exact same notes and coins they have the intention to permanently deprive a person of those particular notes and coins.
- money and all other property, real or personal, including things in action and other intangible property
- covers situations where the defendant intends to return the property to its owner eg the stealing of a store gift voucher and using it in the store to pay for goods.
- R v Lavender; R v Marshall
- S.6(1) borrowing which becomes equivalent to an outright taking.
- R v Lloyd, Bhuee & Ali
- Intention to permanently deprive s.6(1)
- appropriating property in belief that have legal right to deprive the other of it, on behalf of himself or 3rd person
- 3 subjective instances where not dishonest s.2(1)
- appropriating in belief that owner would give consent if they knew of appropriation + circumstances
- appropriating in belief that owner cannot be discovered by taking reasonable steps
- no requirement for any of 3 to be reasonably held (R v Holden; R v Small)
- in a case not covered here where D claims was honest the Ghosh test applies
- Dishonesty
- 3 subjective instances where not dishonest s.2(1)
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