Theft Special Study Paper G154 OCR A2 Law 2014

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  • Created on: 16-06-14 14:42
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Nadine Allen
Governed by the Theft Act 1968
Triable either way (crown or magistrates)
Max 7 years imprisonment
Section 1 ­ Definition
Section 2-6 ­ Meaning of words
Theft Act was intended to be simple and `expressed in simple language'
Section One
D dishonestly (S2) appropriates (S3) property (S4) belonging to another (S5)
with the intention to permanently depriving the other of it (S6)
Actus Reus
Appropriating property belonging to another
Section 3 ­ appropriates
Section 4 ­ property
Section 5 ­ belongs to another
Mens Rea
Dishonestly and intention to permanently deprive
This is set out in Section 3 and has caused the courts many problems with its
Section 3
... Any assumption by any person of the rights of an owner amounts to the
appropriation... e.g. damaging, selling it, using it, changing, lending
It is also includes where D has consent to use the property
Does the theft have to assume all the rights of the owner?

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Nadine Allen
In the case of Morris and Anderton the defendants swapped the price labels
on goods. Was this appropriation? The defendants argued that they had not
assumed all the rights of the owner
Morris and Anderton
Morris took 2 items from the supermarket shelves and replaced the correct
labels with ones showing lower prices.…read more

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Nadine Allen
There was a different decision in this case. The HL said obiter (other things said)
that there could be no appropriation if the owner consented to the taking of
the property. The case confused the issue.
Gomez 1983
The matter was resolved in this case and the HL confirmed that even if the
owner consented to the taking then it could still amount to appropriation.…read more

Page 4

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Section 4 states that property is money and all other property, real and
personal, including things in action and other intangible property
Coins and notes
Body parts/corpse (Kelly)
Wild flowers to sell
Bank accounts (things in action)
Blood and Urine (Walsh)
Wild animals to sell
Memberships to clubs
Oxford v Moss
D was a Uni student who acquired a proof of an examination paper he was due
to sit.…read more

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E.g. giving a builder money to go and buy supplies and he spends it on beer
Davidge and Bennett 1984
D was guilty of theft when she was given money to pay the gas bill but instead
bought Christmas presents. There was a legal obligation to deal with the
money in a certain way
Hall 1972
D was a travel agent who received deposits from clients for air trips to
America.…read more

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There is no real definition of what this word means
There are 3 situations where D is NOT dishonest and 2 situations where
he is dishonest under the Theft Act
There is also a common law test for dishonestly
Section 2 (1) (a)
D is not dishonest if he believes that he has the legal right to the property.…read more

Page 7

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Ghosh test
Dr Ghosh claimed fees for an operation he didn't perform. He argued it was
because he was owed money by the hospital
A 2 stage test was invented and D will be convicted if the answer to both is
1. Objective
Is it dishonest by the standards of a reasonable and honest person?
2.…read more

Page 8

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Nadine Allen
If you take a season ticket and go to 10 matches and then return the ticket you
would be guilty of theft because the value of the property has been reduced
If D `treats the thing as his own to dispose of regardless of the others rights' he
has intended to permanently deprive the other of it
Ds got underground tickets from travellers when they had finished with them
and sold them to others
It was theft ­ tickets were the property…read more

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Nadine Allen
9…read more


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