The Theft Act

Statute cards on Theft

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  • Created by: josie03
  • Created on: 24-01-17 12:12

The Theft Act 1968 - Section 1

Theft: Definition

The Definition of theft is " To dishonestly appropriate the property belonging to another with the intention of permanently depriving the other of it".

This can be split into six different sections:

Section 1: Definition

Section 2: Dishonestly

Section 3: Appropriate

Section 4: Property

Section 5: Belonging to another

Section 6: With the intention of permanently depriving the other of it.

Mens Rea | Actus Reus

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The Theft Act 1968 - Section 2

The Theft Act : Section 2 - Dishonestly

  • There is no definition of dishonest
  • There are 3 situations where the defendant is NOT dishonest
  • 1 - He honestly believes in law he has the right to deprive the other of it.
  • 2 - He believes he would have the owner's consent if the other knew of the appropriation.
  • 3 - The person to whom the property belongs to cannot be discovered by taking reasonable steps.
  • This must be the defendants genuine honest belief not reasonable or correct.

Ghosh Test - lays out the tests needed to be followed to see if someone was dishonest in appropriating property. It is objective and subjective,

  • 1. Was the action dishonest according to the ordinary standards of reasonable and honest people?
  • 2. Did the defendant realise that what he was doing was dishonest by these standards?
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The Theft Act 1968 - Section 3

The Theft Act: Section 3 - Appropriation

Appropriation is defined as "Assuming the rights of the owner"

These rights could be lending, selling, destroying, hiring out etc

Some cases that portray appropriation are:

  • R v Morris - Rights can be all or part
  • R v Lawrence - Appropriation can be with the consent of the owner
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The Theft Act 1968 - Section 4

The Theft Act: Section 4 - Property

"Property includes money and all other property, real or personal, including things in action and other intangible property"

  • Money
  • Real Property
  • Personal Property
  • Things in Action
  • Other Intangible Property

Cases that help to define property are:

  • Kelly and Lindsey - Dead bodies and body parts can be personal property
  • Oxford v Moss - Knowledge and information cannot be stolen.
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The Theft Act 1968 - Section 4 (3)

The Theft Act: Section 4(3)

  • Picking fungi, flowers, foliage and fruit from the wild does not amount to theft, unless it is done for reward, sale or other commercial purpose.
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The Theft Act 1968 - Section 4 (4)

The Theft Act: Section 4(4)

  • Wild creatures that are untamed or not ordinarily kept cannot be stolen unless they have been or a being 'reduced into possession' by someone else.
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The Theft Act 1968 - Section 5

The Theft Act: Section 5 - belonging to another

Definition of belonging to another is:The person having possession or control.

  • The possession does not have to be lawful
  • Turner no.2 - Defendant can be guilty of stealing their own property

Definition of belonging to another                                     

  • AGs Ref No.1 - Legal obligation to make restorarion when property is obtained by mistake
  • Gilks - No legal obligation to make restoration in gambling situation.
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The Theft Act 1968 - Section 6

The Theft Act: Section 6 - Intention to permanentlty deprive the other of it.

  • The intention to never return the property.
  • Velumyl - Must return the same property
  • Lavender - Dispose is extended to mean deal
  • Lloyd - If value of property has reduced then intention is present
  • Eason - Conditional intent, is not sufficient
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The Theft Act 1968 - Section 8

Robbery

  • Definition: "Guilty if he steals and immediately before or at the time of doing so uses force on any person or seeks to put any person in fear of force."
  • Actus Reus: Completed theft and force or threatened force (just before or at same time)
  • Mens Rea: Sec. 2 and Sec. 6 and intend to use force to steal.
  • Corcoran: There must be a complete theft
  • Dawson and Jame: Force can be minimal
  • Clouden: Force can be indirect
  • Hale: Theft can be ongoing
  • Lockley: Force cannot be used after theft to amount to robbery
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The Theft Act 1968 - Section 9 (Entry)

Entry

  • Not defined in act
  • Collins: Effective and substantial entry
  • Brown: Effective entry
  • Ryan: Entry does not have to be effective or substantial
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The Theft Act 1968 - Section 9 (Building)

Building

  • Solid structure connected to utilities with locks and doors (Leathley)
  • Theft Act 1968 gives an extended meaning to the word building - to include house boats and caravans
  • No basic definition
  • A mobile place is not a building (Seeking and Gould)

Part of a building

  • Covers situations where defendant may have permission to be in one part of the building but not another
  • Behind a counter (R v. Walkington)
  • Other examples, store rooms, offices in colleges.
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The Theft Act 1968 - Section 9 (Trespasser)

Trespasser

  • Definition: Someone who does not have permission to be there (Collins
  • Going beyond permission:
    • If defendant goes beyond permission he becomes a trespasser. 
    • (Smith and Jones)
  • Examples: Ticket = license

ENTRY BY FRAUD = TRESPASSER

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The Theft Act 1968 - Section 9 (1) (a)

Burglary (9 (1) (a) )

A person is guilty if they: "Enter a building or part of a building as a trespasser with the intent to"

(actus reus)

1. Steal

2. Cause GBH

3. Criminal Damage

(ulterior offences)

  • Mens rea -
    • 1. Intend to trespass
    • 2. Ulterior offences
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Theft Act 1968 sec 9

Burglary (9(1) (b))

A person is guilty of burglary if "having entered a building or part of a building as a trespasser they commit or attempt to commit: 

  • Theft
  • Cause GBH

(ulterior offences)

Mens rea (1. Intend to trespass, Mens rea of ulterior offences).

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