Theft Act

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Rhian Nicole Mason
Theft is defined under Section 1 of the Theft Act 1968 as "Dishonestly appropriating property
belonging to another with the intention of permanently depriving the other of it"
Actus Reus
This is split into Appropriation, Property and Belonging to another.
Appropriation Section 3
"Any assumption by a person of the rights of an owner" ­ when a person does something in line
with the rights of the original owner.
Morris (1983) ­ showed the interference of rights as appropriation ­ swapping labels in
Lawrence (1972) ­ if the owner consents to appropriation it can still be theft ­ Italian student in
Gomez (1993) ­ when the appropriation occurred must be established ­ stolen cheques accepted
Hinks (2000) ­ Consent again ­ woman claimed to be the carer for an eldely man or low IQ, he
gave her money and a TV
Property ­ Section 4
Property is defined as "money and all other property, real or personal, including things in action
and other intangible property"
Real property is land, personal property is anything else. "Things in action" can only be enforced
by a court action, other intangible property is things you cannot touch eg copyright.
Kelly and Lindsay (1998) ­ body parts can be included if they have been treated
Oxford v Moss (1979) ­ knowledge does not constitute as property ­ exam paper read and
Anything that is wild does not constitute as property, plants growing wild are not property unless
they are intended to be sold, wild creatures cannot be stolen unless they are tamed or in captivity.
Belonging to another ­ Section 5
This is defined as "Property shall be regarded as belonging to any person having possession or
control of it, or having in it any proprietary right or interest"
Turner (1971) ­ It is possible to steal your own property if it is under someone else's control ­ car
in the garage for repairs and took it without paying
Woodman (1974) ­ it is possible to possess property you did not know you had ­ leftover scrap
metal in abandoned building

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Rhian Nicole Mason
Davidge v Bunnet (1984) ­ property that is to be dealt with in a certain way ­ flat money for bills
Hall (1973) ­ Intention must be outlined ­ travel agent with no arrangements for use of deposit
AG Reference (1983) ­ if given something by mistake it must be treated as still belonging to the
other person ­ being overpaid wages, must be returned
Mens Rea
Dishonesty Section 2
Dishonesty is not defined but it is not deemed dishonest if someone…read more


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